Legal Question in Intellectual Property in Texas

I make cotton wraps for sandwiches. You can use these wraps instead of a plastic baggie. My wraps are 100% cotton and some of them are organic cotton. They are 2 layers of cotton, in an octagon shape and close with velcro.

Recently I was contacted by a company called "Wrap-N-Mat" and they say that I cannot make sandwich wraps because they have a patent on them. It is US Patent No 5,875,894. I reviewed the patent and it states their wraps are 3 layers, 1 layer being plastic.

My wraps have a few differences from theirs

1. 2 layers

2. plastic free

3. 100% cotton or organic cotton

4. my wraps can hold hot foods

5. my wraps are machine washable

The only similarity I see is the shape. Mine are also octagonal, but of a smaller size.

Do they have a case against me? Am I infringing on their patent? Thank you for any help you can offer.


Asked on 1/05/10, 10:19 am

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

You don't seriously expect to get an infringement opinion for free over the Internet do you? I can answer you question for an appropriate fee.

Their claim 20 claims:

20. A sandwich holder comprising:

a first cloth layer having a selected geometric shape, said first cloth layer having an outside surface and an inside surface;

a second cloth layer formed in correspondence with the shape of said first cloth layer, said first cloth layer having an outside surface and an inside surface, said first and second cloth layers being positioned in alignment with each other and such that said inside surface of said first cloth layer faces said inside surface of said second cloth layer; and

a clear plastic material layer formed in correspondence with the shape of said first and second cloth layers and being positioned in alignment with said first and second cloth layers and against said outside surface of said second cloth layer;

said first and second cloth layers and said clear plastic material layer being attached to each other along aligned peripheral edges thereof.

"Differences" 1 & 2 could be significant to the issue of infringement. "Differences" 3-5 appear to be irrelevant.

Your question makes it clear you do not know enough about patent law and patent infringement to handle this without a patent attorney. They have a case if they file one, and then it is up to you to defend. If you are asking this on lawguru because you can't afford a lawyer, then you stand to lose that case regardless of the merits.

I strongly advise you hire a patent lawyer, preferably a litigator, so you have a chance of fending off this charge. If you are intent on not hiring a patent lawyer then I suggest you should write them and tell them you don't infringe and why you think you don't infringe. If they persist you then either hire a patent lawyer or take an enormous risk.

Either way, lawguru is for general questions not for really specific ones like yours.

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Answered on 1/10/10, 6:31 pm


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