Juicy Whip, Inc. v. Orange Bang, Inc.

United States Court of Appeals for the Federal Circuit · 1999 · Property

185 F.3d 1364 (1999)

Updated July 19, 2026

propertypatent lawutility35 U.S.C. § 101patent utilitysection 101useful inventionidentifiable benefit

Facts

The patent claimed a post-mix beverage dispenser designed to look like a pre-mix dispenser. Its transparent bowl contained a fluid that simulated the appearance of the dispensed beverage, resisted bacterial growth, and created the visual impression that the bowl was the reservoir and principal source of the drink, even though the actual beverage was mixed only at dispensing. Pre-mix dispensers had visual sales appeal but limited capacity and contamination problems, while post-mix dispensers avoided those drawbacks. The district court concluded the patent lacked utility because its purpose was to deceive customers and increase sales through imitation.

Issue

Does a patented invention lack utility under 35 U.S.C. § 101 because it is designed to imitate another product's appearance and may deceive consumers into believing they are receiving something different from what is actually dispensed?

Rule

The utility threshold under 35 U.S.C. § 101 is low: an invention is useful if it is capable of providing some identifiable benefit. The fact that an invention makes one product look like another, or may fool some members of the public, does not by itself render the invention unpatentable for lack of utility.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Phoenix, Nora Velasquez obtains a patent on a countertop dessert machine. The machine freezes ordinary mix internally but includes a clear upper chamber containing a stable decorative gel that looks like premium custard, making customers think the chamber is the source of the dessert while reducing cleaning and spoilage problems associated with true display reservoirs.

A competitor argues the patent is invalid for lack of utility because the machine's value lies only in making a cheaper system look like a more appealing one. How should the court rule under § 101?

Explanation. Section 101 sets a low utility threshold. An invention is useful if it is capable of providing some identifiable benefit, and altering one product so that it visually resembles another is itself a sufficient benefit. The majority rejected the view that imitation or increased salability through that imitation negates utility.