Recent activity in the patent infringement case that Spellbinders has filed against Quickutz indicates that the case isn’t likely to be decided any time soon, or even this year.
In January, Quickutz indicated in their court filing responded to Spellbinders’ suit that they intended to file with the US Patent & Trade Office asking for a re-evaluation of the original granting of the patent they are being sued for allegedly violating. This filing has now been accepted by the PTO, and on May 4th was assigned to an examiner by evaluation. No time frame is set for the completion of the re-examination process, which could be lengthy. If the patent were to ultimately be declared invalid, of course, then Quickutz cannot be sued for violating it.
While the re-examination of the patent is underway, pretrial activities will also be ongoing in the case. The two sides held a scheduling conference on April 16th. The resulting calendar of deadlines for the completion of various pretrial discovery and deposition activities has now been approved by the court. Pretrial activities in the case are scheduled to last over a year, into June 2011, and only after those activities are completed can the case proceed to trial.
A settlement in the case appears unlikely given that there were unsuccessful talks before the suit was originally filed.
Quickutz is not currently listed on the CHA Summer 2010 exhibitors’ list. Spellbinders will be at CHA Summer 2010 in booth #1423.