So I may be beating a dead subject to death, but I think I have figured something out.

Eminger Berries (which is currently for sale at this time) has a "patent" on the stuffing of strawberries.



It is on HER method of the stuffing. I currently make my own stuffed berries (cheescake, cake balls, cookie, cupcake, candy bar, fruit, etc) but stuff them entirely differently from her version of stuffing them.

I should be safe when I offer these bad boys at my shop, correct?

My legal team says as long as I stay away from coyping her exact method of the stuff and do not use her recipes (which I don't. Mine are far superior...), I am safe.

Morally? Why am I sitting on the fence with this?

Help me out, cakers. Please?

OMG! I had no idea this existed. I say go for it and best of luck!

I had no idea what you were talking about so I just googled it. The store closed. Not sure what effect that has on the patent, but certainly morally customers should not be denied because the inventor could not keep the business going.

wow, I've never heard of this...but was planning on selling choc dipped strawberries along w/ cakes....since they're abundant here in CA...

I'm not even sure how she was stuffing them...and u say u stuff them differently and you're fine? then go for it...If you still feel guilty maybe give penance to her by saying you're grateful for the inspiring work of Eminger on your website...or something...

in light of a recent Supreme Court decision, her patent now stands on shaky ground.

Go with the advice of your legal team: sell them.

(oh and send me a sample!)

Stands with Doug.

BTW, do you need my address for mailing the package?

I just read through this whole thread http://cakecentral.com/modules.php?name=Forums&file=viewtopic&t=285793&postdays=0&postorder=asc&highlight=eminger&&start=135

Totally go for it!

I mean, isn't that like saying if you fill and ice a cake a certain way, nobody else can do it too? That's bizarre.

A patent on stuffing strawberries? That is the dumbest thing I've ever heard. Unless the patent is on a specific tool that she uses, how can she patent that? Someone please explain what I'm missing.

If you do yours differently then you have no problem, and even if you didn't how would she prove that you did it the exact same way? I don't understand what there would be to patent. If someone came up with a new way to broil a steak would they be able to patent that? Ridiculous...

Doug, do you have a link to an article about the Supreme Court decision?

Her patent is on how she cuts, and slices the berry to fill them. She x's the bottom (non-stem end) and removes the "innards" that way, then stuffs the berry.

Needless to say, I don't do that.

Thank you all for the words of encouragement. I will now forge on in my plan to include these on my menu.

<3

Wow.......like deMuralist, I googled stuffed strawberries too before reading the entire thread and LOTS of stuffed strawberries sites come up, like everyone else how in the world can she patent that? That is just like saying you can't fry an egg in a frying pan cuz I do. What in the world is this world coming to?

watch this....apparently Paula Dean can do it with a criss cross.

http://www.foodnetwork.com/paulas-stuffed-strawberries/video/index.html

@patticakes...she did! Well look at that!

I still am not going to chance it. I remember a few years back, when the creator ( ) of the Stuffed Strawberries, was out for blood on her method. I will continue to make them as I do, and they work just fine.

moot point. as of June 2008 her patent application is abandoned. She has no rights to prevent anyone from using the method in this application. It is now in the public domain.

If the "originator" of the X-method stood up while stuffing her strawberries, just sit down when you stuff yours. That's a different method.

Go for it and good luck! I'm sure that you'll sell TONS of them!

Absolutely ridiclious!! This woman must be a nut case to think that she can patent something this elementary. Like I can't cut an "X in the tip of my berry and remove some of the berry and stuff it with something. Well then maybe someone should patent filling cupcakes or jelly donuts. I am glad to hear that she didn't get her way and that for once the court system made an intelligent decision.

I am still laughing.

supreme court decision:
http://news.cnet.com/8301-13578_3-20009046-38.html

Have you read her file on her patent. This lady is certifiable.......

http://www.freshpatents.com/Stuffed-strawberries-dt20060914ptan20060204627.php

and this I found after googling her.

Commentary About the Patent:

It is amazing how we have wonderful opportunities to make something our very own. I get many wide eyes and grins when I talk about the patent for stuffed strawberries. Can you patent food? No. You can patent an invention. That's what stuffed strawberries are. Now I get the pleasure of knowing that the premium product I present to you should never be copied. I can give you my word about the uniqueness the specialty. Getting a patent takes time and courage. Waiting for a giant authority to accept your big idea can be very intimidating. My purpose behind this commentary is to show others proof that there is a way. Find your path or invent one.

oh, and applying for a patent is NOT the same as HAVING a patent.

the government has to approve it.

and this is so NOT new!

jeez, i wonder if stuffing a pimento in a green olive is patented?

I find it hilarious that had she not been so full of herself as to apply for a patent, we may never know EXACTLY how she does them, but now we do LOL Irony is so funny sometimes!