S.C. Johnson’s Patent Win in Ziploc Bag Suit Affirmed on Appeal

The Federal Circuit upheld an order finding S.C. Johnson & Son Inc.'s Ziploc Endurables bags don’t infringe a patent covering silicon containers.

The appeals court rebuffed Zip Top Inc.'s argument that the Ziploc pouches contain the spout element covered by US Patent No. 11,383,890 in a nonprecedential opinion filed Tuesday.

The Ziploc bags appear to come to v-shaped ends, but that isn’t a spout “distinct” from the zippers as required by the ‘890 patent, according to the opinion. The court also rejected Zip Top’s photo evidence of Enburables’ pouring capabilities because “one can pour fluid out of any open container, ...