Friday (January 15th) was the deadline for Quickutz to file a response to the patent infringement suit filed against them by fellow die manufacturer Spellbinders. The company beat the deadline and filed a lengthy response in Federal court disputing most of the allegations made in the Spellbinders filing.
Quickutz’s 136 page filing included 124 pages of exhibits. The response is complex and aggressive, including both affirmative defenses and counter claims by Quickutz. Among the several counter claims is a challenge to the validity of the patent on which the lawsuit is based.
Key to the challenge are exhibits provided in the filing that appear to show that PMA Photometals of Arizona, Inc. sold dies covered under the patent to Quickutz before certain dates covered by the disputed patent. Also apparently held to be key by Quickutz is a statement included in the exhibits from J. Michael Dywan, president of PMA Photometals. Dywan’s statement is filed in support of several of Quickutz’s contentions that they say make the patent invalid. Despite the fact he is listed as a co-inventer on the contested patent, Dwyan does not own any interest in the patent – it is wholly owned by Spellbinders’ CEO Jeffrey James Caron. [Read more...]