Nuby's Lawsuit against Munchkin's Infringement - WTOC-TV: Savannah, Beaufort, SC, News, Weather & Sports

Nuby's Lawsuit against Munchkin's Infringement

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SOURCE Luv n' care, Ltd.

MONROE, La., May 12, 2014 /PRNewswire/ -- Luv n' care, Ltd. ("LNC"), the leading baby and toddler product innovator under the Nuby®  brand, issued a clarification of its lawsuit against Munchkin Inc. in light of the recent Patent Office decision regarding the validity of its '465 design patent. 

  • Nuby® pioneered the no-spill soft top cup category.  The '465 design patent is one of numerous patents protecting both the design and other innovative features of this product.
  • LNC expects to appeal the Patent Office decision. 
  • In the Patent Office, Munchkin cited over twenty references of third parties and alleged that LNC's design patent was invalid based on countless combinations of those references – the Patent Office rejected every single one of those allegations.
  • The '465 design patent decision was based on a technicality.  The only evidence used by the Patent Office to invalidate the '465 patent was LNC's own patent and patent pending on this product.  
  • The Patent Office indicated that LNC's '465 patent was not first with this design because LNC's own patent and patent pending on the design, that LNC had previously filed, were first.
  • More importantly, LNC's lawsuit against Munchkin's infringement is not over.  LNC has additional ongoing intellectual property claims in Federal Court against Munchkin over the products accused of infringing the '465 patent, and those ongoing claims are unaffected by the decision. 

CEO Ed Hakim commented: "when you look at the big picture, we believe it's just another example of the fact that Munchkin has been desperately looking for any loophole to evade responsibility for its actions.  Not surprisingly, none of the patents cited in the decision belonged to Munchkin.  The reason is simple: we – not Munchkin – are the inventor of these unique designs."

Founded in 1972, Luv n' care Ltd. – which produces and sells under the NUBY® brand – is one of the leading baby and toddler product innovators in the world.  NUBY®'s mission is to create fun, safe products that aid in the development of children while making parents' lives easier.  Its products are well known throughout the United States, and in over 150 countries worldwide thanks to its unique patents and designs.  As the inventor of numerous patented no-spill cups, NUBY® is one of the leading brands in the world and holds many other patents in its full infant feeding and teething lines.  With countless coveted industry awards, NUBY® has decades of experience and will continue to better the lives of parents and children around the globe.  For more information, please visit www.nuby.com.

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