Vistan Corporation vs. Fadei USA, Inc. et al.
Vistan Corporation vs. Fadei USA, Inc. et al. – Case No. C10-4862-JCS
This case was a patent infringement case involving prune pitting machines. Costello Law Corporation represented Wilbur Packing Co., a producer and world-wide distributor of French prune products. Wilbur had switched its operation over to using the Fadei prune pitting machines from the Vistan machine. As such, Wilbur became a target for a patent infringement lawsuit. This case went up through the Markman hearing stage and the interpretation of Vistan’s patent did not cover the Fadei machine. Vistan’s inspection of the Fadei machines at Wilbur’s packing facility confirmed that Wilbur was not infringing in view of the Markman interpretation. Vistan has appealed the lower court’s decision to the Federal Circuit and a decision on appeal is expected in 2014.