Design Patent Case Digest: Munchkin, Inc. and Toys "R" US, Inc. vs. Luv N' Care, LTD.
- Tracy-Gene G. Durkin and David K.S. Cornwell
- Sterne, Kessler, Goldstein & Fox
Petitioners Munchkin, Inc. and Toys “R” Us, Inc. filed a petition requesting inter partes review of the sole claim of patent D617,465. Patent owner, Luv N’ Care, Ltd., did not respond to the petition. The petition was granted on April 25, 2013 on the grounds that the patent was obvious. The D617, 465 patent, entitled “Drinking Cup,” claims “the ornamental design for a drinking cup.” The patent is currently the subject of three litigations and an inter partes reexamination. Luv N’ Care asserts the D617, 465 patent against Toys “R” Us in one of the litigations.
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