Dynamic Drinkware, National Graphics settle lenticular molding patent dispute

Dynamic Drinkware LLC (Oshkosh, WI) and National Graphics Inc. (Waukesha, WI ) have reached a settlement to resolve all patent issues among NGI and Defendants, Dynamic Drinkware, Service Litho-Print Inc. and Brax Ltd. As a result, Dynamic Drinkware will purchase NGI’s entire patent portfolio. The terms of the purchase were not disclosed in a press release from Dynamic Drinkware.

Dynamic Drinkware was founded in 2006 and produces in-mold label (IML) lenticular and film souvenir cups and buckets, which are typically sold in sports stadiums, movie theaters and other entertainment venues. Dynamic Drinkware specializes in lenticular cups with images printed on a lenticular lens that are transformed from static images into dynamic, 3D and motion images.

In January 2016, U.S. District Court Judge William Griesbach granted a motion for summary judgment, finding that neither Dynamic nor its co-defendants infringed three lenticular technology patents held by National Graphics. The court’s ruling also determined that the defendant’s licensed use of the Eastman Kodak VMR process for making lenticular images infringed NGI’s lenticular correspondence patents. The question of whether the defendants infringed another National Graphics patent relating to the molding of lenticular articles, as well as the question of the validity of both the correspondence patents and the molding-related patent, was slated to go to trial before Judge Griesbach in May. All issues relating to the litigation are now resolved, said Dynamic Drinkware.

As part of the agreement, NGI’s U.S. Patent No. 6,635,196 related to molded lenticular products will be assigned to Dynamic. “The resolution will benefit the injection molding industry and eliminate the threat of future litigation over this issue,” stated Dynamic’s President Barry Johnson. “We are happy to put this matter behind us and are looking forward to expanding our offerings with lenticular and other high-quality cups using our patent-protected INK technology."

Donald Krause, NGI’s owner, commented: “We are extremely proud of the patent portfolio that National Graphics has developed. It is the result of a considerable investment in National Graphics’ resources to develop and protect our innovations in lenticular technology. With this settlement, we are now able to put this lawsuit behind us.”

For background information on the litigation, see PlasticsToday coverage:

National Graphics prevails in suit over Lenticular In-Mold patent

Dynamic Drinkware takes another step forward in federal court litigation