MUNCHKIN, INC. INVALIDATES NUBY’S PATENT IN MILESTONE CASE
The U.S. Patent and Trademark Office (USPTO) Finds In Favor of Munchkin in the First Inter Partes Review of a Design Patent
VAN NUYS, Calif. (April 21, 2014) — Munchkin, Inc., leading designer and manufacturer of infant and toddler products announced today that on behalf of itself and retail chain Toys-R-Us that it received a favorable decision that found competitor Luv n’ Care’s design patent for a baby and toddler drinking cup unpatentable.
On April 21, 2014, in the very first ever inter partes review of a design patent under the new America Invents Act, the USPTO found that Luv n’ Care’s design patent, which shows a drinking cup and lid, is obvious in light of its own prior application.
“This decision is significant, since it demonstrates that patents should only be awarded for novel inventions and competitors should not try to wrongfully use intellectual property to quash competition” said Munchkin, Inc.’s CEO, Steven B. Dunn. “We are pleased with the outcome of this proceeding and the USPTO’s ability to sift through complex legal issues and arrive at the proper outcome by invalidating this patent.”
Munchkin, Inc. was represented by its in-house Patent Counsel, Robert Evora, its General Counsel, Petty Rader, and partners from Lathrop & Gage’s intellectual property practice, Justin Poplin, R. Cameron Garrison, and Hissan Anis.
About Munchkin, Inc.
A privately held, global company headquartered in North Hills, Calif., Munchkin, Inc. creates baby products that excite, delight and make life easier for today’s parents. Founded in 1991, Munchkin, Inc. has always placed great emphasis on innovation, redefining what baby products can achieve. As a result, Munchkin has reinvigorated the category with improvements such as a 2-in-1 bottle brush design and White Hot® Technology that lets moms know if the bath water or the car interior is too hot. A strategic partnership with Church and Dwight resulted in a line of diapering products that work with pure, natural baking soda, including the ARM & HAMMER™ Diaper Pail by Munchkin, winner of the American Baby Award. In January of 2010, Munchkin acquired Lindam Ltd., the U.K.’s top baby safety brand and subsequently launched a line of safety gates and accessories in North America. Munchkin, Inc. has won more than 40 industry awards, including multiple wins of the coveted Target® Corporation Partner Award of Excellence and the Toys “R” Us 2012 Vendor of the Year award. Endorsed and recommended by sleep and safety experts, medical professionals, toy specialists and parents, Munchkin products can be found at retail outlets internationally. For more information, visit www.munchkin.com.