For years, the Supreme Court and the Federal Circuit have dismissed state law claims by small inventors on the grounds that federal patent law preempts state laws offering patent-like protections. Recently, David Wawrzynski, a man who claims he invented the idea for Heinz’s new “Dip & Squeeze®” ketchup packet, filed state law claims against Heinz alleging it stole his idea. Instead of dismissing his claims, the Federal Circuit transferred the case to another court for a decision on the merits. This Case Note explores precedent and policy in an effort to understand why claims related to this ketchup packet invention were lucky enough to escape dismissal.
