Decision Date: April 21, 2014 and April 14, 2015 -

Court: Patent Trial and Appeal Board and U.S. Court of Appeals for the Federal Circuit -

Patents: D617,465 -

Holding: Claimed design is obvious and therefore UNPATENTABLE, summary affirmance by the Federal Circuit

Opinion:

Petitioners Munchkin, Inc. and Toys “R” Us, Inc. filed a petition requesting inter partes review of the sole claim of patent D617,465. Patent owner, Luv N’ Care, Ltd., did not respond to the petition. The petition was granted on April 25, 2013 on the grounds that the patent was obvious. The D617, 465 patent, entitled “Drinking Cup,” claims “the ornamental design for a drinking cup.” The patent was the subject of three litigations and an inter partes reexamination. Luv N’ Care asserted the D617, 465 patent against Toys “R” Us in one of the litigations.