The lenticular in-mold patent filed by National Graphics Inc. (NGI; Waukesha, WI) has survived further scrutiny after being upheld in an appeal brought to the Federal Circuit Court of Appeals by Dynamic Drinkware LLC (Oshkosh, WI). Having already prevailed in an inter partes review (IPR), National Graphics was asked to further defend itself in Dynamic's appeal of that IPR decision regarding the patent (6,635,106 - Molded Articles Having a Surface Bearing a Lenticular Image).
"National Graphics is pleased to report that the Federal Circuit has affirmed the Patent Board's decision, and National Graphics' lenticular in-mold patent remains intact," said the company.
The IPR of the in-mold patent was initiated after National Graphics started an infringement lawsuit (NGI v Brax, et al.), asserting that Dynamic was among four companies infringing at least one of National Graphics' patents. National Graphics was successful in defending its lenticular in-mold patent to the Patent Office Trial and Appeal Board one year ago. Dynamic appealed that decision to the Federal Circuit.
The Federal Circuit affirmed the Patent Board's decision in favor of National Graphics in a ruling handed down on Sept. 4, 2015.
"National Graphics' patent portfolio is the result of a great deal of money and effort. It stands to reason that we will put money and effort into defending it," said Donald Krause, owner of National Graphics. "The validity of our lenticular in-mold patent has been twice challenged, and our patent continues to strengthen."
National Graphics was established in 1976 and is the originator of lithographic lenticular imaging. The company designed the first commercially viable lenticular lens, which is now an industry standard, according to NGI. The company's Extreme Vision process provides the highest quality lithographic lenticular product in the world, says NGI, which claims to own one of the most comprehensive portfolios of intellectual property in the industry.
National Graphics' patent pertains to molded articles (i.e., cups, bottles, cell phone cases, cosmetic cases etc.) bearing a lenticular image.