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Update on Spellbinders vs Quickutz

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.


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4 Responses to Update on Spellbinders vs Quickutz

  1. Julianne May 19, 2010 at 5:56 pm #

    I hope they find the patent invalid so this is all over. I’ve made purchases from both companies and I think competition is a good thing. It’s odd to me that the suit was just brought this year, the QK product Spellbinders is alleging violates their patent had been in the market place for years. It’s my opinion, and only that, that this is one way to get competition out of the marketplace.

    • Nancy Nally May 19, 2010 at 10:23 pm #

      The patent wasn’t granted to Mr. Caron until December 2008 by the PTO. Until then, there was no legal grounds to sue Quickutz. The companies spent a good deal of 2009 in negotiations trying to avoid a lawsuit before Spellbinders finally filed the suit in Dec. 2009.

  2. Natalie May 19, 2010 at 11:01 pm #

    Weren’t the Quickutz Cookie Cutter dies out before the patent was granted to Spellbinders, though? I don’t understand how they violated the patent.

  3. Kim May 23, 2010 at 10:19 pm #

    Natalie – I bought my first Embossing dies from Spellbinders in 2005, Spellbinders dies were the only dies that had holes in them giving you the ability to emboss, that is why I loved them. When a company files for a patent I believe it goes into “patent pending” status before the patent is actually granted.

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