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Jury awards self-serve milkshake maker damages from Hershey Creamery and Hamilton Beach over patent infringement

May 6, 2019

A federal jury has decided that Hamilton Beach Brands Inc. and Hershey Creamery Co. infringed F'Real Foods LLC's patents related to a self-serve milkshake-making machine, according to law360.com. As a result, the Pennsylvania-based ice cream seller and the Virginia-based appliance maker owe F'Real $2,988,869 in lost profits and $245,000 in royalties, according to Friday's verdict.

F'Real argued that the two companies had used patented ideas related to an automated self-serve milkshake machine invented by F'Real's founder. The jury, however, did not find the infringement willful, according to the verdict.

F'Real said Hershey and Hamilton Beach misappropriated patent-protected aspects of its machine, which provides "old-fashioned texture" by adding liquid and aerating the drink as it is mixed. The machine is also able to "automatically minimize the amount of food particles released in the food preparation chamber during preparation of the milkshake and then automatically clean the food preparation chamber," according to the suit.

F'Real argued Hamilton Beach licensed its technology from 2010 to 2011, then teamed with Hershey in 2013 to develop competing products based on patented ideas.

Representatives for the companies did not immediately respond Friday to requests for comment.