PHILADELPHIA — Crown Cork & Seal Co. Inc. claims a rival blow molder is infringing on a patent to make PET beer bottles.
Philadelphia-based Crown Cork initiated a patent infringement lawsuit April 8 against Continental PET Technologies Inc.
The suit alleges Continental PET infringed on Crown Cork's 1988 patent for a plastic material capable of blocking oxygen from the contents of plastic containers. Crown Cork claims Continental PET is using the material in a container for beer bottles supplied to Miller Brewing Co.
Crown Cork has asked the U.S. District Court in Wilmington, Del., to enjoin Continental PET from further alleged infringement and for an award of damages at least equal to a reasonable royalty.
The patent, which expires June 4, 2008, is a broad one covering any application in which an oxygen scavenger would be beneficial, not just in beer bottles, Crown Cork spokeswoman Cecile Prevot said in a telephone interview.
A spokesman for Toledo, Ohio-based Owens-Illinois Inc., Continental PET's parent company, declined comment on the pending litigation.