Spellbinders’ lawsuit against QuicKutz for patent infringement has been thrown out of court by the judge in the case after a nearly three year court fight.
The company filed suit against QuicKutz in Dec. 2009 for alleged infringement on a patent it had been granted (referred to in court filings as the “634 patent”) by the U.S. Patent & Trademark Office for creating dies with an aperture. QuicKutz responded to the suit with multiple defenses, including by challenging with the PTO the validity of the patent that the suit was based on.
In July 2010, QuicKutz sold all of its assets to an investment group that formed a new company called Lifestyle Crafts around the company’s product lines. The original QuicKutz, renamed legally as QK2015 because the QuicKutz trademark had been sold to Lifestyle Crafts but referred to as QuicKutz in court filings, continued to exist as an entity to fight the lawsuit against it. Spellbinders also filed suit in January 2012 against the new Lifestyle Crafts entity alleging infringement of the 634 patent by that company as well.
The case began to turn against Spellbinders in late 2010 when the grounds the 634 patent were originally granted on were rejected by the PTO upon completion of the ex-parte re-examination of the patent that had been requested by the QuicKutz. This effectively invalidated the patent, and launched a lengthy round of appeals and counter-arguments to the PTO by Spellbinders and QuicKutz over the validity of the grounds for the patent that lasted until yesterday. [Read more...]