Winston Wins Dog Fight Against Mars

On May 6, 2016, Winston secured a jury verdict on behalf of client True Science Holdings in a patent infringement case against food conglomerate Mars, Inc. The unanimous verdict followed two hours of deliberations and a five-day trial in the Eastern District of Texas. The jury determined that True Science, a five-year-old Idaho-based company that sells “Minties” breath-freshening dog treats, did not infringe the two “pet food composition” patents asserted by Mars, whose subsidiary sells the competing pet product “Greenies.” The jury also ruled that both Mars’ patents were invalid.

The case is one of three suits Mars has filed against True Science concerning pet products and the first to go to trial. According to the Winston team, keys to the trial win included: 1) showing that a former breath freshening product was on the market for ten years before Mars filed its patents, 2) proving that Mars made inaccurate statements to the U.S. Patent and Trademark Office (USPTO) about prior art references to obtain the patents, and most importantly, 3) a much more prepared and polished four-person trial team than the nine lawyers Mars brought to trial.

The trial team was led by John Keville and included Dustin Edwards, who examined witnesses.