March 25, 2005
Kelley Drye completed the successful defense of Pactiv Corporation in a patent infringement case in the U.S. District Court
for the Western District of New York. A direct competitor of Pactiv had claimed that the client's numerous methods for
cutting polystyrene foam trays, commonly found in supermarket meat and chicken cases, infringed its patent for a method of
cutting this material. Pactiv’s competitor was seeking damages in excess of $10 million dollars and a permanent injunction
barring Pactiv from operating its packaging equipment.
Upon completion of discovery, the parties appeared before the court for a Markman hearing, the critical junction in patent
litigation at which the claims of the patent-in-suit are interpreted and given a construction by the Court. The Court adopted
Kelley Drye’s Markman position in its entirety as argued by Firm Chairman John Callagy, and subsequently denied plaintiff's
motion to reconsider the ruling. Pactiv's summary judgment motion followed the victory at the Markman hearing.