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National Graphics, Inc. Lenticular In-Mold Patent Prevails in Patent Office

National Graphics' Patent (6,635,196 - Molded Articles Having a Surface Bearing a Lenticular Image) survived an Inter Partes Review (IPR) brought by Dynamic Drinkware of Oshkosh, Wisconsin (IPR2013-00131). The review of the Patent was initiated after National Graphics (NGI) started an infringement lawsuit (NGI v Brax, et all) asserting that Dynanic Drinkware was among four companies infringing at least one of NGI's patents.

As defined by the US Patent & Trademark Office, "IPR is a new trial proceeding conducted at the [Patent Trial and Appeal] Board to review the patentability of one or more claims in a patent...."
"Inter partes review enables a third party to challenge the validity of a patent," explains Michael Griggs of Boyle Fredrickson, attorney for NGI. "A patent that survives an inter partes review unscathed, such as NGI's Lenticular In-Mold patent, emerges stronger, having been held to be patentable over the third party challenge by a panel of three administrative patent judges."
"National Graphics has put a lot of money and effort into developing our patent portfolio. Logically, we will put money and effort into defending our patents," says Donald Krause, owner of NGI. "The validity of our Lenticular In-Mold patent was challenged, and our patent has come out the stronger for it."
The patent pertains to molded articles (ie. cups, bottles, cell phone cases, cosmetic cases, etc.) bearing a lenticular image. Images printed on a lenticular lens are transformed from static images into dynamic art through special effects such as 3-Dimension, Motion, Morph, Zoom or Flip.
"National does license some of its patents, including this Lenticular In-Mold patent," continues Krause. "It should be noted that we have In-Mold patents in other countries as well."
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