Even without super powers, technology firm National Graphics Inc. has won a decision in a patent challenge vs. a rival company.
Waukesha, Wis.-based National — which provides 3-D motion technology for many plastic products, including amorphous PET film covers used by DC Comics the last two years — had initiated a patent challenge lawsuit vs. Dynamic Drinkware of Oshkosh, Wis., and three other firms.
On Sept. 25, National announced it had won an Inter Partes Review (IPR) held by the U.S. Patent & Trademark Office in Washington. In a news release, National's attorney Michael Griggs said that a patent that survives an IPR — such as National's lenticular, in-mold patent — “emerges stronger, having been held to be patentable over the third-party challenge by a panel of three administrative patent judges.”
The patent covers molded articles such as cups and bottles that bear a lenticular image. Images printed on a lenticular lens are transformed from static images into dynamic art through special effects.
National owner Donald Krause — who founded the firm in 1976 — added that National “has put a lot of money and effort into developing our patent portfolio … [and] logically, we will put money and effort into defending our patents.”
In a Sept. 29 email, Dynamic Drinkware President Barry Johnson said that while his firm “is disappointed by the IPR decision, the scope of the review was limited.”
“Dynamic is confident that the [patent] will be invalidated in the parallel litigation in the Eastern District of Wisconsin, based on the substantial additional evidence that could not be considered by the IPR panel.” he added. “In any event, Dynamic will continue to produce the highest quality molded lenticular products using its patented process.”