Dynamic Drinkware LLC (Oshkosh, WI) took what the company calls a "huge step" forward in its pending federal court litigation against National Graphics Inc. (North Branford, CT). According to information released by Dynamic, Judge William C. Griesbach of the U.S. District Court for the Eastern District of Wisconsin issued a decision and order granting Dynamic's motion for summary judgment that neither Dynamic nor its co-defendants infringed U.S. Patent Nos. 5,488,451; 5,617,178; and 5,847,808 relating to methods for creating lenticular images. More than a year ago, the court granted Dynamic's motion for summary judgment that none of the defendants infringed any of the claims of U.S. Patent No. 6,490,092. (Read "National Graphics prevails in suit over lenticular in-mold patent.)
The court denied both parties' motions with respect to U.S. Patent No. 6,635,196 (the ‘196 patent). The court also denied both parties' motions with respect to the validity of U.S. Patent Nos. 7,136,185 and 7,239,420 relating to a process for improving the quality of lenticular imaging, which means those issues will proceed to trial. "We are absolutely confident that facts presented at trial will clearly demonstrate that Dynamic's proprietary process for molding lenticular cups does not infringe the ‘196 patent and that the ‘196 patent is invalid," said Barry Johnson, Dynamic Drinkware CEO. "The facts are equally clear regarding the patents related to the process for improving the quality of lenticular imaging.
"Dynamic emphasized that the court's decision has absolutely no effect on Dynamic's current business operations. Dynamic has secured the appropriate rights to produce molded lenticular products for its customers.
Founded in 2006, Dynamic is a full-service supplier of high-quality souvenir cups for major brands throughout the United States using its in-house art facilities and production team and patented Protected Ink Technology.