Top

Tag Archives | Quickutz

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.

Want to stay up-to-date on all the latest scrapbook news?

1

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 →

2

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 →

7

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. Continue Reading →

4

Scrapbook Update CHA Winter 2010 Predictions

Well, the show is almost upon us…many people have already arrived in Anaheim and the rest of us are frantically preparing. Here’s a last-minute look at what I predict are some trends we’ll be seeing when the doors open on Sunday:

1. It’s all about die cutting.

Die cutting, both manual and electronic will be a hot topic at this year’s show. On the manual side, new exhibitor Dies Direct is a die maker (and involved peripherally in the Spellbinders suit versus Quickutz). New exhibitor Scrapping Cottage is also an independent die maker. Sizzix is introducing hotly-anticipated dies by designer Tim Holtz. Several other companies are coming out with embossing folders that there is much buzz about.

The electronic die side is the really hot category, though. Silhouette America, formerly a division of Quickutz, is another new exhibitor. They are there to display their electronic die cutter. Craftwell – yet another new exhibitor – will also be there to display an electronic die cutter. Sizzix isn’t a new exhibitor but they have a new machine coming called the eClips. Cricut also has been teasing a major announcement, and Making Memories has new products coming for its Slice line.

2. We’re going green.

Several companies were promoting their green certifications or initiatives at CHA-Summer and that will definitely continue at CHA-Winter 2010. Everything from eco-friendly production to eco-friendly booths like the one boasted by Sandylion at CHA-Summer 2009 will be more visible. In fact, one of the new exhibitors, Eco Green Crafts, boasts that it is devoted to supplies made from “non-toxic, recycled, and environmentally-friendly materials.”

3. We’re going patriotic.

A few companies were promoting products at the last show as being “Made in the USA.” Even more companies were selling U.S.-made products but not promoting their origin heavily. As the economy has sunk further and further, Americans have become more concerned about the purchasing of foreign products. “Buy local” is becoming a serious movement. Expect to see more companies who make their products domestically using that fact in their marketing.

4. It’s all about stamping.

Stamping is hot, hot, hot! We saw the start of this in Orlando, with stamp manufacturers doing big business, scrapbook manufacturers releasing extensive collections of stamps as part of their collections, and booths like Paper Trey Ink and Split Coast Stampers attracting huge crowds at the Supershow. At least a half-dozen new exhibitors in Anaheim are stamp companies, and many traditional scrapbooking companies will be emphasizing their stamp offerings.

5. Paper is reborn as digital.

In the past several weeks, two major manufacturers have announced initiatives to sell their older paper catalog designs in digital format: BasicGrey and Die Cuts With A View. Over a dozen other companies are involved in ScrapHD, an effort under construction to sell their designs in a digital format.

Want to stay up-to-date on all the latest scrapbook news?

Subscribe to Scrapbook Update in a Reader
-Or-
Subscribe to Scrapbook Update on the Kindle

1