Lenticular images have become a popular way to decorate various consumer items such as movie promotional cups at theaters, cosmetic cases, and cell-phone protective cases. The lenticular images change as the product is moved from side to side or up and down, making for a really cool way to attract consumers to the product.
However, National Graphics Inc. (NGI; Waukesha, WI) just announced that its patents on in-mold lenticular images survived an inter partes review (IPR) brought by Dynamic Drinkware of Oshkosh, WI. The review of the patent was initiated after NGI started an infringement lawsuit (NGI v Brax, et al.), asserting that Dynamic Drinkware was among four companies infringing at least one of NGI's patents.
According to a release from NGI, 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. . . ." Michael Griggs of Boyle Fredrickson, attorney for NGI, explained: "Inter partes review enables a third party to challenge the validity of a patent. 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 judges."