Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kolcraft Enterprises, Inc. v. Graco Children's Products, Inc.

United States Court of Appeals, Federal Circuit

July 2, 2019

KOLCRAFT ENTERPRISES, INC., Appellant
v.
GRACO CHILDREN'S PRODUCTS, INC., Appellee

          Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2016-00816, IPR2016-00826.

          Kyle Wallenberg, Niro McAndrews LLC, Chicago, IL, argued for appellant. Also represented by Raymond P. Niro, Jr.

          John W. Harbin, Meunier Carlin & Curfman, LLC, Atlanta, GA, argued for appellee. Also represented by Gregory Joseph Carlin, Walter Hill Levie, III, Warren James Thomas.

          Before Moore, Reyna, and Chen, Circuit Judges.

          Reyna, Circuit Judge.

         Kolcraft Enterprises, Inc. appeals the decision of the United States Patent Trial and Appeal Board finding U.S. Design Patent Nos. D6O4, 97O and D616, 231 unpatentable as obvious in light of the prior art. The primary issue on appeal is whether Kolcraft Enterprises, Inc. antedated the prior art with evidence of its prior conception, diligence, and reduction to practice. The Board determined that Kolcraft Enterprises, Inc. did not. We agree. Accordingly, we affirm.

         Background

         Kolcraft Enterprises, Inc. ("Kolcraft") is the assignee of U.S. Design Patent No. D6O4, 97O S ("the '970 patent") and U.S. Design Patent No. D616, 231 S ("the '231 patent"). The '970 and '231 patents are both titled "Exposed Legs for a Play Yard" and have an effective filing date of November 5, 2004. Each patent has one claim.

         The '970 patent contains seven figures. Figures 1 and 2 are depicted below.

         (Image Omitted)

         J.A. 48-49. Figure 1 is "a perspective view of exposed legs for a play yard," and Figure 2 is "a front view of the design of FIG. 1." J.A. 46, 48-49. The '970 patent also states that "[t]here is no fabric covering the exposed legs shown in any of FIGS. 1-7." J.A. 46. The dashed lines do not form part of the claimed design. See MPEP § 1503.02 (9th ed. 2018).

         The '231 patent has five figures. Figures 1 and 2 are provided below. Figure 1 is "a perspective view of a playard with exposed legs." J.A. 52. Figure 2 is "a front view of the playard of FIG. 1." Id. "There is no fabric covering the exposed legs shown in any of FIGS. 1-5." Id.

         (Image Omitted)

         On March 30, 2016, Graco Children's Products, Inc. ("Graco") filed a petition for inter partes review ("IPR") challenging the '970 patent. A day later, Graco filed a second IPR petition challenging the '231 patent. Graco proposed eleven grounds of unpatentability for each patent, including a ground for each patent that the claim is obvious in light of U.S. Design Patent No. D494, 393 assigned to Chen ("Chen '393"). The United States Patent Trial and Appeal Board ("Board") ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.