PR Log - Dec 03, 2012 - OSHKOSH, WI - Dynamic Drinkware LLC, an industry leading manufacturer of in-mold labeled cups and containers, has announced today that it intends to lead the vigorous defense against a patent infringement suit recently filed by National Graphics, Inc. in the United States District Court for the Eastern District of Wisconsin - Green Bay Division as Case No. 12-C-1119. Dynamic Drinkware considers the suit to be wholly without merit and is confident in the strength of its defense strategy, which will be based on counterclaims of non-infringement, unenforceability and invalidity of the patents being asserted by National Graphics, Inc. Dynamic Drinkware will also be reviewing National Graphics other patents, including but not limited to U.S. Pat. No. 6,424,467 (High Definition Lenticular Lens) for unenforceability and invalidity.
National Graphics, Inc. is and has been a Debtor-in-Possession in a Chapter 11 proceeding pending in the United States Bankruptcy Court for the Eastern District of Wisconsin as Case No. 11-36818. The case was filed on November 7, 2011 and the Debtor has yet to receive approval of its proposed Disclosure Statement, much less confirm a Plan of Reorganization. Its proposed Plan is based, in large part, upon the successful licensing of its claimed intellectual property. It has provided no information with regard to the efficacy or value of a patent portfolio identified in its Disclosure Statement, nor has it obtained any independent valuation or an opinion of the validity or enforceability of the portfolio. These issues have been raised in an Objection to the Debtor's Disclosure Statement, which was not approved after a hearing on the same. National Graphics, Inc. has until the end of February 2013 to exclusively file another Plan and Disclosure Statement. Thereafter, creditors may be allowed to file Plans independent of the Debtor's Plan.