US bans AB InBev beer system in patent win for Heineken
Heineken has prevailed in its patent dispute with global brewer AB InBev, after US trade officials yesterday, March 12, barred the Belgian company from importing beer dispensers found to infringe Heineken’s patents.
Heineken filed the complaint at the US International Trade Commission (ITC) in 2018, accusing AB InBev of infringing the Dutch company’s patents for its Blade and Brewlock systems of storing and dispensing beer.
Brewlock is a type of keg, while the Blade system is a counter top draught system.
According to Heineken’s website, Brewlock is a “revolutionary new dispensing system” that is safer to use and keeps the beer fresher than traditional dispensers.
In its complaint, Heineken said that AB InBev’s Nova system, used to dispense the Stella Artois brand of beer, infringed its patent.
AB InBev retaliated with its own patent infringement claims over Brewlock, which were later dropped before the conclusion of the investigation.
The ITC yesterday approved the findings of its official appointed to investigate the case, who last September recommended an import ban on AB InBev’s dispenser systems.
Last May, the European Commission fined AB InBev €200 million ($224.7 million) for an antitrust breach relating to its dominance of the Belgian beer market.
The Commission found that the drinks conglomerate had pursued a “deliberate strategy” of blocking cheaper imports of its Juliper beer from the Netherlands, where it is sold at a cheaper price than in Belgium.
Juliper has a 40% market share of beer sold in Belgium by volume.
It costs less in Belgium because of a greater level of competition there than in the Netherlands. But according to the EU, AB InBev took steps to ensure Belgian wholesalers couldn’t source Juliper from the neighbouring country.
These included refusing to sell the beer to one retailer unless they restricted exports to Belgium, the EU’s investigation found.
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