A Michigan man who owns a food delivery business and says that Heinz appropriated his idea for its “Dip & Squeeze” ketchup container is on his way to getting a trial.

A federal judge in Pittsburgh denied H.J. Heinz Co.'s bid for summary judgment in the case Wednesday.

David Wawrzynski brought the suit, claiming breach of implied contract and unjust enrichment, after he had approached the Pittsburgh-based ketchup maker about his design for a new ketchup packet that he called the “little dipper” and was declined, only to find that Heinz would begin marketing a similar package the following year, according to the opinion from U.S. District Judge Arthur J. Schwab of the Western District of Pennsylvania.