USPTO Invalidates Luv N' Care's Sippy Cup Design Patent

By David McAfee (April 22, 2014, 8:50 PM EDT) -- The U.S. Patent and Trademark Office's Patent Trial and Appeal Board on Monday found that Luv N' Care Ltd.'s design for a baby drinking cup was unpatentable, ruling in favor of Toys R Us Inc. and co-petitioner Munchkin Inc. in their inter partes review.

The decision comes just a year after the USPTO instituted the review, which was the first time the new America Invents Act procedure had been used for a design patent. The petitioners argued, and the USPTO ultimately agreed, that Luv N' Care's patent, which shows a drinking cup and lid, is obvious in view of its own...

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