Kerry Group v. Florida Food Products: Federal Circuit Vacates Cured Meat Patent Ruling
Kerry Group Services International challenged the validity of Florida Food Products’ US11071304B2, a patent covering methods and compositions for preparing cured meat products. After 607 days, the Federal Circuit vacated the lower tribunal’s decision and remanded, leaving the patent’s fate unresolved pending further proceedings.
A PTAB patentability ruling undone at the Federal Circuit
Kerry Group Services International, Ltd., an international food ingredients company, filed appeal case 23-2092 at the Court of Appeals for the Federal Circuit on 28 June 2023, challenging a PTAB determination concerning US11071304B2. That patent, held by Florida Food Products, LLC, covers methods and compositions for preparing cured meat products — a commercially significant technology in the processed food and food ingredients sector.
The Federal Circuit closed the case on 24 February 2025 with a verdict of ‘Vacated and Remanded.’ This outcome means the appellate court found reversible error in the PTAB’s underlying patentability analysis and nullified that decision, sending the matter back to the lower tribunal for reconsideration consistent with the Federal Circuit’s guidance. Neither party secured a final determination on the merits at this stage.
A 607-day appellate timeline is consistent with contested PTAB appeal proceedings at the Federal Circuit involving claim construction or obviousness disputes. The vacatur outcome suggests the Federal Circuit identified a legal or procedural deficiency in the PTAB’s reasoning, though the precise grounds remain subject to the written opinion. The ultimate patentability question — and thus the enforceability of US11071304B2 — remains open pending remand proceedings.
Filing to Vacated and Remanded in 607 days
607 days — above the median for Federal Circuit appeal resolutions in PTAB invalidity cases
Federal Circuit vacates: what the remand means for both parties
What ‘Vacated and Remanded’ means at appellate level
When the Federal Circuit vacates a PTAB decision, it nullifies that ruling entirely — it carries no precedential or binding effect going forward. A remand instructs the PTAB to reconsider the matter, typically applying a corrected legal standard or addressing a gap in the original analysis. This is distinct from a reversal: the Federal Circuit has not decided the patentability question itself but has found the lower tribunal’s reasoning legally insufficient.
Lower decision nullifiedFlorida Food Products faces a second round at PTAB
For Florida Food Products, vacatur is a mixed result. The adverse PTAB ruling (if it cancelled or limited claims) no longer stands, which may temporarily preserve the patent’s enforceability. However, the remand resets proceedings, and the patent remains under challenge. Until the PTAB issues a final written decision on remand, US11071304B2 is in a legally uncertain state that may complicate licensing negotiations or enforcement actions.
Patent status uncertain on remandKerry Group retains its invalidity challenge on remand
Kerry Group did not obtain a definitive invalidity ruling, but the vacatur suggests the Federal Circuit found merit in at least part of its appellate argument — enough to reject the PTAB’s reasoning. On remand, Kerry Group retains the opportunity to press its invalidity or cancellation arguments before the PTAB under the corrected framework. The cost of continued proceedings, however, is a practical consideration for both sides.
Challenge continues at PTABSector uncertainty persists for cured meat formulation IP
The vacatur leaves the IP landscape around cured meat preparation methods unresolved. Competitors and licensees in the processed meat and food ingredients sector who may be operating near the claimed methods should note that US11071304B2 remains an active, if contested, asset. The outcome of the PTAB remand will carry significant downstream consequences for freedom-to-operate assessments across this product category.
FTO risk remains elevatedFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Kerry Group Services International, Ltd. | Company | Food ingredients company — challenger of US11071304B2 cured meat patentSearch in Eureka ↗ |
| Defendant | FLORIDA FOOD PRODUCTS, LLC | Company | Florida Food Products, LLC — food technology company, holder of US11071304B2Search in Eureka ↗ |
| Plaintiff counsel | Mark Boland | Attorney | Counsel for Kerry Group Services International, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Michael Gregory Raucci | Attorney | Counsel for Kerry Group Services International, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Raja Saliba | Attorney | Counsel for Kerry Group Services International, Ltd.Search in Eureka ↗ |
| Plaintiff law firm | Sughrue Mion | Law Firm | Representing Kerry Group Services International, Ltd.Search in Eureka ↗ |
| Defendant counsel | Brian E. Ferguson | Attorney | Counsel for FLORIDA FOOD PRODUCTS, LLCSearch in Eureka ↗ |
| Defendant counsel | Louis Campbell | Attorney | Counsel for FLORIDA FOOD PRODUCTS, LLCSearch in Eureka ↗ |
| Defendant counsel | M. Brett Johnson | Attorney | Counsel for FLORIDA FOOD PRODUCTS, LLCSearch in Eureka ↗ |
| Defendant counsel | Michael A. Bittner | Attorney | Counsel for FLORIDA FOOD PRODUCTS, LLCSearch in Eureka ↗ |
| Defendant law firm | Winston & Strawn, LLP | Law Firm | Representing FLORIDA FOOD PRODUCTS, LLCSearch in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Court of Appeals for the Federal CircuitSearch in Eureka ↗ |
Official order — verbatim text
The Federal Circuit’s ‘Vacated and Remanded’ disposition signals that the court identified reversible legal error in the PTAB’s patentability analysis — whether in claim construction, the obviousness framework, or procedural sufficiency — without itself resolving the underlying patentability question. The appellate standard of review applicable here likely involved de novo review of any legal conclusions and substantial evidence review of factual findings; a vacatur suggests the former was not met. The remand instructs PTAB to reconsider with corrected guidance, leaving both the patent’s validity and Kerry Group’s challenge fully unresolved as a matter of final disposition.
US11071304B2 — Method and composition for preparing cured meat products
US11071304B2, filed under application number US14/269455, covers methods and compositions for preparing cured meat products. Cured meat patents of this type typically protect novel formulation approaches — such as the use of natural curing agents, specific ingredient ratios, or processing steps that achieve traditional curing outcomes without conventional nitrate or nitrite additives. The patent’s claims are likely directed at both the process and the resulting composition, providing layered protection across manufacturing and product levels.
For the food ingredients and processed meat sector, US11071304B2 represents a strategically significant asset. Florida Food Products, LLC operates in the natural and clean-label food ingredients market, where patent protection over curing methods can create meaningful competitive differentiation and licensing leverage. The Federal Circuit appeal — pursued by a major global food group, Kerry Group — suggests the patent’s claimed scope is commercially material enough to justify substantial litigation investment across multiple tribunal levels.
Should you run an FTO analysis against US11071304B2?
Any R&D team or product formulator working on natural cured meat products, clean-label bacon or processed meats, or meat preservation compositions should treat US11071304B2 as an active watch item. With the patent currently in PTAB remand proceedings following Federal Circuit vacatur, its claims remain live and potentially enforceable. Assuming invalidity based on the vacatur alone would be a material FTO error — vacatur does not cancel the patent or its claims.
PatSnap Eureka’s FTO Search Agent allows you to map your product’s formulation steps and ingredient combinations against the claim scope of US11071304B2 in real time. As the PTAB remand progresses and claim language is interpreted or narrowed, Eureka’s monitoring alerts ensure your FTO analysis stays current — giving your legal and commercial teams the earliest possible signal on enforcement risk or freedom to operate.
Run a freedom-to-operate analysis on US11071304B2 to assess your product’s exposure
Run FTO in Eureka →Similar Federal Circuit appeals in food technology patent validity disputes
Explore Federal Circuit appeals involving PTAB patentability rulings in food science and food ingredients technology — cases with parallel procedural postures to Kerry Group v. Florida Food Products.
What this case signals for food technology IP enforcement
The Federal Circuit’s vacatur in Kerry Group v. Florida Food Products highlights the complexity of PTAB appeals in food science patent disputes.
Vacatur at the Federal Circuit resets the PTAB clock — plan accordingly
A vacatur-and-remand outcome means the patentability question for US11071304B2 restarts at PTAB. Companies in the cured meat and food ingredients sector should treat this patent as still-live and monitor the PTAB remand docket closely. Licensing or design-around decisions made on the assumption of invalidity could be premature.
Federal Circuit scrutiny of PTAB reasoning is a litigation variable worth tracking
This outcome is consistent with Federal Circuit cases where PTAB applied an incorrect legal standard or failed to address all claim arguments. Parties challenging or defending food technology patents before PTAB should ensure their records are built to withstand Federal Circuit review — incomplete analysis is a vacatur risk on both sides.
Kerry v FLORIDA — key questions answered
The vacatur nullifies the PTAB’s prior patentability decision and sends the case back to PTAB for reconsideration. US11071304B2 remains an issued, active patent — it has not been cancelled. The validity question will be re-examined by PTAB under the Federal Circuit’s corrected guidance before a new final written decision issues.
US11071304B2, filed under application US14/269455, is a patent held by Florida Food Products, LLC covering methods and compositions for preparing cured meat products. It relates to the processing and formulation of cured meats, likely involving natural or alternative curing approaches that are commercially significant in the clean-label and food ingredients sector.
Kerry Group pursued the Federal Circuit appeal after the PTAB issued a ruling in the patentability or invalidity/cancellation action concerning US11071304B2. The Federal Circuit’s decision to vacate and remand — rather than affirm — suggests Kerry Group identified a cognisable legal error in the PTAB’s analysis sufficient to obtain appellate relief, though the specific grounds are detailed in the Federal Circuit’s written opinion.
No. A vacatur does not equate to a finding of invalidity. It means only that the PTAB’s prior decision cannot stand as reasoned. US11071304B2 remains an issued patent with full presumption of validity under 35 U.S.C. § 282 until a tribunal issues a final determination of invalidity. Companies relying on the vacatur as an FTO clearance do so at significant commercial risk.
On remand, the PTAB will reconsider the patentability of US11071304B2 consistent with the Federal Circuit’s instructions — which may require applying a corrected claim construction, reassessing obviousness, or addressing arguments not fully considered in the original decision. Either party may appeal a subsequent PTAB final written decision back to the Federal Circuit, potentially extending the litigation timeline further.
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