Dynamic Drinkware, LLC v. Nat'l Graphics, Inc., No. 15-1214 (Fed. Cir. 2015)
Annotate this CaseNational Graphics owns the 196 patent, which is directed to making molded plastic articles bearing a “lenticular” image. The patent issued in 2003, from an application filed in 2000. Dynamic petitioned the Patent and Trademark Office for inter partes review of the patent, arguing that claims 1, 8, 12, and 14 were anticipated by the Raymond patent. The Patent Trial and Appeal Board declined to reject two of the claims under 35 U.S.C. 102(e) and found that National Graphics reduced to practice its invention by March 28, 2000, before the May 5, 2000 filing date of the Raymond patent. The Federal Circuit affirmed. Dynamic failed to carry its burden of proving unpatentability.
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