Juicy Whip, Inc. v. Orange Bang, Inc.
Court of Appeals for the Federal Circuit
185 F.3d 1364 (1999)
Juicy Whip (plaintiff) sued Orange Bang (defendant) for infringing its patent on a beverage dispenser. The patented device mixed syrup and water out of sight, a "post-mix" design, but included a visible countertop display of agitating fluid designed to make customers think they were buying a visually appealing "pre-mix" drink. Orange Bang moved for summary judgment, arguing the device lacked patentable utility under 35 U.S.C. section 101 because its whole purpose was to deceive consumers about how the drink was made. The district court agreed, holding the patent invalid, and the ruling was challenged on appeal.
Whether a patented product that is designed to make consumers believe it works differently than it actually does thereby lacks the utility required for patentability under 35 U.S.C. section 101.