Los Angeles, CA – PWP Industries filed a complaint for declaratory judgment that its food storage containers do not infringe Inline Plastic’s U.S. Patent No. 7,118,003 (“the ‘003 Patent”). PWP manufactures tamper-resistant plastic packaging for a variety of foods, from vegetables to bakery goods. The ‘003 Patent relates to a plastic container having a hinged cover that engages the base container. The tamper-resistant indicator is a strip that spans from the cover to the base; thereby, preventing access to the interior of the container without breaking the strip. After being accused of infringement, PWP filed the instant action because “an actual controversy existed between [Inline] and [PWP] concerning the alleged infringement of the ‘003 patent. See MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007) (rejecting the “reasonable apprehension of suit” test). The case is PWP Industries v. Inline Plastics Corp., CV09-4417 ODW (C.D. Cal. 2009).
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