Case Overview

In a case that underscores the USPTO’s authority to police patent quality at the application stage, the Court of Appeals for the Federal Circuit affirmed an unpatentability determination in *Justin Samuels & Samuel Rockwell v. Katherine K. Vidal & Andrew Hirshfeld* (Case No. 22-1121), closing the matter on March 6, 2024 after 852 days of litigation. The invention at issue — an asymmetrically patterned baked bread food product — failed to survive appellate scrutiny, with the court ordering and adjudging a clean affirmance of the lower determination.

While food technology patent litigation rarely dominates IP headlines, this case carries meaningful implications for inventors and patent practitioners navigating patentability challenges before the USPTO and on appeal. The outcome reinforces critical thresholds that food product patents must clear, and it highlights the litigation risks associated with pursuing appeals of USPTO rejections when foundational patentability issues remain unresolved. For R&D teams and IP counsel in the food and consumer goods space, *Samuels v. Vidal* is a case worth examining closely.

The Parties

The Patent Application at Issue

This case involved a utility patent application for a unique food product design. Utility patents protect how inventions work, while design patents protect ornamental appearance. The application aimed to protect a distinct visual aspect within the food industry.

• • Application Number: US15/168768
• • Publication Number: US20170339965A1
• • Technology Area: Food products and manufacturing
• • Subject Matter: Asymmetrically patterned baked bread food

Legal Representation

• • Plaintiff Counsel: Todd Steven Sharinn, Gilbride, Tusa, Last & Spellane LLC
• • Defendant Counsel: Amy J. Nelson, Brian Racilla, Farheena Yasmeen Rasheed, Peter J. Ayers (USPTO/DOJ)

The Verdict & Legal Analysis

Litigation Timeline & Procedural History

The case was filed on November 5, 2021, at the appellate level in the District of Columbia, and proceeded directly as an appeal before the Court of Appeals for the Federal Circuit (CAFC) — the exclusive appellate court for patent-related matters in the United States. This positioning confirms the dispute originated from a USPTO administrative proceeding, most likely an examiner rejection sustained through the Patent Trial and Appeal Board (PTAB) or a similar administrative review mechanism.

The 852-day duration — approximately 28 months — is consistent with Federal Circuit appeal timelines involving briefing schedules, oral argument scheduling, and deliberation periods. No expedited treatment appears to have been granted. The absence of a chief judge notation in the record suggests the panel composition was standard. No intermediate settlement or dismissal was recorded prior to the final adjudication on March 6, 2024.

Outcome

The Federal Circuit issued a decisive ruling: AFFIRMED. The basis of termination was unpatentability, confirming that US Patent Application No. US15/168768 — the asymmetrically patterned baked bread food invention — does not meet the statutory requirements for patent protection under U.S. law. No damages were at issue, as this was a patent prosecution appeal rather than an infringement action. No injunctive relief was applicable.

Verdict Cause Analysis

The verdict cause is recorded as *Patentability*, with a verdict cause summary of *Invalidity/Cancellation Action*. This classification indicates the Federal Circuit was evaluating whether the USPTO correctly rejected or invalidated the underlying patent application on statutory grounds — most likely under 35 U.S.C. § 101 (patent-eligible subject matter), § 102 (novelty), § 103 (non-obviousness), or § 112 (written description/enablement), or some combination thereof.

Food product patents face recurring challenges under § 102 and § 103, given the extensive prior art in bread manufacturing, food design, and commercial baking innovation. An asymmetric bread pattern — however novel it may appear commercially — must demonstrate that it is not anticipated by prior art and would not have been obvious to a person of ordinary skill in the culinary or food engineering arts at the time of filing.

Without access to the full opinion, the affirmance strongly suggests the Federal Circuit found no reversible error in the USPTO’s rejection. The court’s terse “ordered and adjudged: affirmed” language, while standard in summary affirmances, signals that the panel did not find the patentability arguments raised on appeal to be meritorious.

Legal Significance

This case contributes to a growing body of Federal Circuit precedent affirming USPTO rejections in design-adjacent food product applications. It signals that aesthetic or structural differentiation in food products, without a demonstrable functional advance or a clear absence of prior art, will face an uphill battle at both the examination and appellate stages.

For patent practitioners, the case is a reminder that appealing PTAB or examiner decisions to the Federal Circuit is a significant strategic commitment — 852 days and substantial legal fees — that requires a compelling, well-developed patentability argument to succeed.

Strategic Takeaways

For Patent Applicants and Prosecutors:

• Conduct exhaustive prior art searches in food design and culinary manufacturing before filing applications in this space.
• Clearly articulate functional advantages of design innovations — not merely visual or structural novelty.
• Consider whether continuation or continuation-in-part strategies could address rejection grounds before committing to costly Federal Circuit appeals.

For Accused Infringers / USPTO Defense:

• The government’s four-attorney defense team reflects the USPTO’s institutional investment in defending examination decisions consistently.
• Administrative exhaustion of remedies before Federal Circuit appeal remains essential to a well-preserved record.

For R&D Teams:

• Food product innovations must be documented with rigorous evidence of non-obviousness — consumer testing data, manufacturing novelty, or functional performance advantages strengthen prosecution records.
• Freedom-to-operate analyses should account for design patents (35 U.S.C. § 171) as an alternative protection pathway where utility patent prosecution is uncertain.