New Theories Not Permitted In IPR Reply Brief

In Henny Penny Corp. v. Frymaster L.L.C., No. IPR2016-01435, (P.T.A.B. Mar. 16, 2017), the petitioner (HPC) challenged certain claims of U.S. Patent No. 8,497,691, owned by HPC's competitor, Frymaster. The '691 patent relates to deep fryers, and is directed to a system for determining when cooking oil has become degraded and needs to be changed. The system does so by measuring and monitoring certain impurities in the oil called total polar materials ("TPMs"). When the TPM levels are too high, the system instructs the operator to change the oil in the fryer.

HPC's obviousness challenge relied on two prior art references. The first reference, Kauffman, disclosed an apparatus for the analysis of used oils for use in equipment such as, e.g., deep fryers. The apparatus analyzes the in-line oil quality with an electrode positioned between drain and return lines connected to a fluid reservoir. Kauffman taught that the electrode measures conductivity and current, and the