• Posts by Kelly W. Cunningham
    Partner

    Kelly W. Cunningham is a Partner and Chair of Intellectual Property and Technology Department.

    Kelly has over 25 years of experience in patent, trademark, and copyright infringement litigation, spanning numerous district courts ...

SCOTUS Declines to Hear Coke Zero Patent Case | By: Kelly W. Cunningham & Pooja S. Nair

On April 28, 2025, the U.S. Supreme Court declined to hear Celanese International Corp.’s challenge to a Federal Circuit decision which found the company’s patent on the process to create the artificial sweetener used in Coke Zero to be invalid. The Federal Circuit decision affirmed a holding from the U.S. International Trade Commission which initially deemed the patent invalid due to the on-sale bar.

The underlying issue in the case is whether Celanese’s patent, which covers an improved process for making acesulfame potassium (Ace-K), was invalid due to the on-sale bar. The ...

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