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Tag Archives | Quickutz

Court Orders Spellbinders to Pay Over $500k in Attorney’s Fees

In twin orders issued by US District Judge Neil V. Wake on March 4th, Spellbinders has been ordered to pay a total of over $500,000 in attorney’s fees to QuicKutz and Lifestyle Crafts as a result of Spellbinders’ recently dismissed patent infringement cases against the two companies.

QuicKutz was awarded reimbursement of attorney’s fees and costs in the amount of $449,788.73, and Lifestyle Crafts was awarded  $62,239.85. Amounts were determined based on itemized bills submitted to the court.

Spellbinders is appealing the dismissal of the patent infringement cases and has not yet indicated whether they plan to appeal the award of attorney’s fees in the case. The company declined comment to Scrapbook Update.

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Layout | ‘Tis The Season

I have started documenting my holiday season via Instagram this year. I was late to the Instagram party, but like many other scrapbookers and paper crafters have found, the medium has quickly grown on me. It’s a fast and easy way to share snapshots of your life with family and friends.

In my layout today, I wanted to capture my early December holiday traditions – shopping, baking and deocorating – and paired my Instagram photos with Polaroid frames. The frame gave me room to add short descriptions to each photo and in doing so, there wasn’t a need for additional journaling on my layout.

Continue Reading →

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Spellbinders Suit Against Lifestyle Crafts Dismissed

The patent infringement suit filed by Spellbinders against Lifestyle Crafts over what became known in court records as the ’634 patent was ordered dismissed Monday by Judge Neil Wake.

The case against Lifestyle Crafts was filed by Spellbinders in January of this year, and was over the technology used for creating dies with an aperture in the middle.

The dismissal was ordered in the Lifestyle Crafts case after the ’634 patent was declared unenforceable last month in the case Spellbinders filed against QuicKutz three years ago over infringement of the same patent, over which Judge Wake also presided. With the patent declared legally unenforceable as a result of that case, the basis for the Lifestyle Crafts suit was also gone.  Continue Reading →

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Update | 12.1.2012

The scrapbook industry didn’t get the memo that we’re all supposed to be kicking back and enjoying the holidays, because the news has been flowing fast and furious this week!

As they promised in their statements following the summary judgement against them two weeks ago in their patent infringement case against QuicKutz, Spellbinders has filed notice with the United States Court of Appeals that they intend to appeal Judge Neil Wake’s ruling ending their case against QuicKutz. The notice was filed on November 27th, and the company has until January 28th, 2013 to actually file their brief with the court – meaning like everything else in this case to date, nothing will be decided quickly in the appeal.

First, if you missed our earlier announcements, Nally Studios has a couple of creative team calls out!

The first call is for staff writers for our newly-acquired Craft Critique site. This call is open to crafters of all kinds who want to try out new products and tell the world what they think about them!

We’re also calling for a design team for our newly launched Card Annex site. If you like to make cards, we’d love to see your work!

The calls are open until Dec. 7th, and the new teams will be announced on Dec. 14th. Continue Reading →

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Spellbinders Lawsuit Against QuicKutz Dismissed

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.  Continue Reading →

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Stay Issued in Spellbinders-QuicKutz Lawsuit

The judge assigned to the lawsuit that Spellbinders has filed against the entity that used to be QuicKutz has issued a stay in the case, pending the outcome of the ’634 patent reexam that is currently underway at the U.S PTO. Since the ’634 patent is the patent that Spellbinders is suing Quickutz for allegedly violating, invalidating the patent in the reexam would remove the grounds for the lawsuit.

The stay ceases activity in the case until the patent reexam is completed. The attorneys for the two sides had been engaged in the pre-trial discovery process, which was scheduled to last into summer 2011.

On October 22nd, the U.S. Patent & Trademark Office ruled in a non-final reexam against Spellbinders‘ basis for holding the patent on all 47 of the company’s original claims. The company has two months from the date of that ruling to file a response to the arguments against their 47 claims, or presenting new claims supporting the patent.

The judge’s stated basis for issuing the stay was, in part, that he presumes (based on the total rejection of the claims supporting the patent’s granting in the non-final ruling) that at least some of the claims supporting the ownership of the patent will be rejected, which he says will simplify the case.

The QuicKutz trademark is now owned by Lifestyle Crafts, who is not party to the suit filed by Spellbinders. The entity that is the target of the lawsuit is now called QK 2015, since the QuicKutz trademark was sold to Lifestyle Crafts.

QK 2015 president Eric Ruff issued this statement to Scrapbook Update about this latest ruling in the case:

I’m pleased with the judge’s decision to stay this litigation.  This helps stop the needless bleeding and harm that this lawsuit caused QuicKutz.  And I’m glad that, in rejecting all the Spellbinders claims, the Patent Office has validated our position.  I only wish we could have reached this point a long time ago.

A representative for Spellbinders told Scrapbook Update that the company has no comment on the latest development in the case.

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US PTO Rejects Spellbinders’ 634 Patent Claims

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 →

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QuicKutz Assets Bought By Investment Group

A Utah-based investor group called Lifestyle Crafts, LLC, has announced that it has entered into an agreement to buy the assets of QuicKutz, Inc.

Lifestyle Crafts, LLC. is a newly founded investor group described by the company as being made up of investors “with years of experience in manufacturing and distributing crafting goods and tools.” Its registered address is in Lindon, Utah. Principals of the company include Stephen Stewart TRUST of Farmington, UT; Daniel S. Stewart of Farmington, UT; and Hsin I. Shih of Taipei.

Both the QuicKutz and L brands will become part of Lifestyle Crafts under the terms of the asset purchase agreement. Continue Reading →

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