Michael Foods considering appeal of patent infringement verdict

Article by: DAVID PHELPS , Star Tribune
Updated: June 13, 2012 - 9:04 AM

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Michael Foods said Tuesday that it is considering whether to appeal a $5.8 million patent infringement verdict against the Minnetonka-based food producer in a Wisconsin case involving pasteurized shell eggs.

The jury award was returned Monday in a lawsuit brought by the Illinois-based firm National Pasteurized Eggs (NPE) claiming that the processing system used by Michael Foods for pasteurized shell eggs infringed on those made by NPE.

"We are surprised and disappointed with the jury's verdict," said James Dwyer Jr., president and CEO of Michael Foods. "Certainly we would not have made minor changes to our processing parameters if we had believed that it would infringe any patents."

The company said the verdict does not affect its ability to continue selling pasteurized shell eggs in the marketplace but will return to its previous processing system. Michael Foods was the first to offer pasteurized shell eggs to consumers.

Michael Foods said it is exploring its legal options, including an appeal of the verdict. The company was represented by the Minneapolis law firm Faegre Baker Daniels.

David Phelps • 612-673-7269