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ARTICLE · 19 JUNE 2020

Munchkin Is Luv-n This Win

McDermott Will & Emery
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Reversing an award of attorney's fees, the US Court of Appeals for the Federal Circuit found that a district court abused its discretion in making an exceptional-case determination where patent...

United StatesIntellectual Property
Jodi Benassi
Jodi Benassi
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Reversing an award of attorney's fees, the US Court of Appeals for the Federal Circuit found that a district court abused its discretion in making an exceptional-case determination where patent and trademark infringement claims were reasonable. Munchkin, Inc. v. Luv N-Care, LTD., Admar International, Inc., Case No. 19-1454 (Fed. Cir. June 8, 2020) (Chen, J.).

Munchkin sued LNC for trademark infringement, unfair competition, trade dress infringement and patent infringement based on LNC's no-spill drinking cups. LNC filed a petition for inter partes review (IPR) with the Patent Trial and Appeal Board (PTAB). While the IPR was pending, Munchkin voluntarily dismissed all of its non-patent claims with prejudice. The PTAB subsequently found Munchkin's patent was unpatentable. After the PTAB's finding, Munchkin dismissed its patent infringement claim.

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