An online nutritional calculator can be a terrific tool for a restaurant, especially for one that focuses on guest customization. However, the threat of legal action over nutritional calculator patent infringements has been preventing much of the foodservice industry from creating calculators for their brands.
Known as “patent trolls,” these individuals or companies purchase patents from companies that tend to control a very broad idea, and then send out letters to companies they believe are infringing upon their patents that threaten litigation if a licensing fee is not paid to the patent owner. The cost can range from tens of thousands to even hundreds of thousands of dollars.
Starting in 2011, one particular patent troll sued more than 50 restaurant corporations for using its patented nutritional calculator technology. The restaurants who received the litigation letters were given three options:
- Pay the patent troll a licensing fee
- Fight the patent troll in court (which would come with a much larger price than paying the fee)
- Stop using the technology
While some organizations decided to pay the fee and continue using their online calculators, others removed the technology completely. Corporations all over the country, in more realms than just foodservice, have been urging Congress to pass legislation that ultimately bans patent trolls and frivolous lawsuits over generic technology. A bill was introduced in February called the Innovation Act, and a related bill deemed the PATENT Act was introduced in early May. Both acts are fighting to protect businesses from patent trolls, but neither has been signed into law yet.
While the legislation makes its way through Congress, one way to safely utilize a nutritional calculator is to bring in a third-party who is well-versed in the legal dos and don’ts. MenuTrinfo has had the pleasure of working with an outstanding partner on numerous occasions to help restaurants and other foodservice establishments safely develop nutritional calculators that are accurate, user-friendly, and are backed with the leading experts in this field. If you are looking to make the switch to a nutritional calculator, give us a call at 888-767-6368 and we can work with you to make it a reality.
