 After Henry Perky died in 1908 and the patent on his Shredded Wheat biscuit expired in 1912, John Harvey Kellogg saw that as an opportunity for Kellogg's to sell its own version of the product.Kellogg obtained a patent on the biscuit in 1915, and Kellogg's Shredded Wheat was born.This provoked National Biscuit Company to sue Kellogg for trademark infringement, attempting to enjoin him from using "Shredded Wheat" as a trade name and from manufacturing the cereal in its pillow-shaped form.