A 2012 lawsuit over Dynamic Drinkware LLC’s use of patents held by National Graphics, Inc. has been settled with Dynamic Drinkware purchasing NGI’s entire patent portfolio.
Terms of the purchase were not disclosed.
Oshkosh-based Dynamic Drinkware specializes in lenticular and film souvenir cups and buckets. The products involve an image printed on a lenticular lens being transformed from static images into dynamic, 3D and motion images.
Waukesha-based NGI specializes in lenticular printing for a number of products including pharmaceutical marketing, lentincular credentials, in-mold decorating, labels and packaging and publishing. The company’s original lawsuit alleged Dynamic Drinkware, Brax Ltd., Capitol Cups, Inc. and Service Litho-Print, Inc. had violated seven of its patents.
U.S. District Court Judge William Griebach granted an order for summary judgement in December. He found the defendants had not infringed upon three lenticular technology patents held by NGI, but their licensed use of the Eastman Kodak Company’s VMR solution (the process of making lenticular images) infringed upon NGI’s lenticular correspondence patents.
The question of whether the defendants infringed another National Graphics patent relating to the molding of lenticular articles, as well as the question of the validity of both the correspondence patents and the molding-related patent, were slated to go to trial in May.
“We are extremely proud of the patent portfolio that National Graphics has developed. It is the result of a considerable investment of National Graphics’ resources to develop and protect our innovations in lenticular technology,” said Donald Krause, National Graphics owner. “With this settlement, we are now able to put this lawsuit behind us.”
As part of the agreement, NGI’s U.S. Patent No. 6,635,196 related to molded lenticular products will be assigned to Dynamic.
“The resolution will benefit the injection molding industry and eliminate the threat of future litigation over this issue,” said Barry Johnson, Dynamic’s president. “We are happy to put this matter behind us, and are looking forward to expanding our offerings with lenticular and other high-quality cups using our patented Protected INK technology.”
Griesbach granted a request for dismissal with prejudice, without costs and with all appeal rights waived on Monday.
