Both Dynamic Drinkware LLC and National Graphics Inc. are claiming victory in the latest round of their legal battle over lenticular technology.
Judge William Griesbach recently granted a motion for summary judgment filed by Oshkosh, Wis.-based Dynamic. The motion claimed that neither Dynamic nor its three co-defendants infringed on three lenticular technology patents held by National Graphics Inc. of Waukesha, Wis.
The case is being heard in U.S. District Court in Milwaukee. A motion on a similar motion was granted in favor of Dynamic in late 2014.
The patents cover 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.
The court also recently denied motions on a related patent for improving the quality of lenticular imaging. That case — involving what's being called the 196 patent — now heads to trial, although no court date has been set.
In a news release, Dynamic CEO Barry Johnson said that his firm “is 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.”
Johnson added in a Jan. 13 phone interview that the ongoing lawsuit hasn't affected his firm's day-to-day operations at all. He also said that he expects a trial to be held this summer.
National's view of this recent legal activity is quite different. In September, a company official said that the patent office review had been upheld. National spokeswoman Devonne O'Gorman confirmed Jan. 14 that Dynamic has not licensed any of National's patents to date, and that her firm's opinion is that Dynamic is infringing those patents.
She added that National disagrees with Dynamic's characterization of the recent ruling.
“Dynamic Drinkware is correct that it was found not to infringe three patents related to old technology that is for the most part not used in the industry any longer,” O'Gorman wrote in an email to Plastics News. “However, Dynamic Drinkware neglected to mention in its press release that it was found to infringe two of National Graphics' patents, and that the Court ruled in National Graphics' favor as to several of Dynamic Drinkware's defenses.”
National Graphics “is very confident moving forward that it will be able to secure a favorable result in this litigation,” she added.
Dynamic supplies high-quality souvenir cups for major brands throughout the U.S. The firm uses its own in-house art facilities and production team and has patented its Protected Ink Technology.
National filed the lawsuit in September 2014 and initially won a review held by the U.S Patent & Trademark office in Washington. In 2013 and 2014, DC Comics used National's 3-D motion technology to create amorphous PET film covers featuring Superman, Batman and other characters.