The U.S. Patent & Trademark Office has issued a non-final ruling in the Ex Parte Reexamination that is being done of Spellbinders’ “634 patent” at the request of QuicKutz.
Spellbinders is currently suing (the entity formerly known as) QuicKutz for violating the ’634 patent, and QuicKutz requested the PTO conduct the Reexamination because it contends that Spellbinders should not have been granted the patent based on the original application. Of course, no valid patent would equal no grounds for Spellbinders to sue QuicKutz on, and the lawsuit would be over. The Ex Parte Reexamination essentially completely reevaluates the granting of the patent from the beginning, taking into account this time additional evidence provided to the PTO (in this case by QuicKutz) regarding the matter.
The results of the Reexamination were not supportive of Spellbinders’ patent at all. The patent was initially awarded on the basis of 47 claims made by Spellbinders. In the Reexamination, all 47 claims were rejected, leaving no grounds to support the patent for Spellbinders. Continue Reading →