throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`MUNCHKIN, INC. AND TOYS “R” US, INC.
`Petitioners
`
`v.
`
`LUV N’ CARE, LTD.
`Patent Owner
`______________
`
`CASE IPR2013-00072
`Patent D617,465
`______________
`
`Before SALLY C. MEDLEY, JENNIFER S. BISK, and MICHAEL J.
`FITZPATRICK, Administrative Patent Judges.
`
`
`
`
`ORAL HEARING
`Patent Owner’s Demonstratives
`
`
`

`

`
`
`
`
`
`
`
`
`SPECIFICATION OF ‘465 PATENT
`AS FILED
`
`SPECIFICATION OF ‘465 PATENT
`
`AS FILED
`
`
`

`
`2
`
`

`

`
`
`
`
`Luv n' care. Ltd's Motion to Amend its Patent Claim - EXHIBIT 2
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PREAMBLE
`
`Be it known that I, Nouri E. Hakim, have invented a new, original, and ornamental design for a
`
`DRINKING CUP, of which the following is a specification.
`
`CROSS-REFERENCE To RELATED APPLICATIONS
`
`The present application is a continuation of US. Patent Application Serial No. 10/536,106 assigned
`
`a filing date under §37l of March 29, 2007 (pending), which is the national stage of PCT Patent
`
`Application Serial No. PCTfUSO3/24400 filed August 5, 2003, which claims the priority of US.
`
`Provisional Application Serial No. 60/400,669 filed August 5, 2002. The priority of all of those
`
`prior applications is claimed, all of which are fully incorporated herein by reference.
`
`
`
`Figure l is a front View of the drinking cup of the present invention;
`
`SPECIFICATION
`
`Figure 2 is a lefi side view of the drinking cup shown in Figure l, with the right side view being a
`
`mirror image thereof;
`
`Figure 3 is atop view of the drinking cup shown in Figures 1-2;
`
`Figure 4 is a bottom Viewof the drinking cup shown in Figures 1-3;
`
`Figure 5 is a back view of the drinking cup shown in Figures 1-4.
`
`The broken lines indicate elements which do not form part of the claim herein.
`
`I claim the ornamental design for a drinking cup as shown.
`
`Attorney Docket No.: 40090523 52
`
`CLAIM
`
`
`Patent Owner’s Motion to Amend – Exhibit 2 (Exhibit 2002)
`Patent Owner’ 5 Motion to Amend — Exhibit 2 (Exhibit 2002)
`
`
`3
`
`
`

`
`

`

`
`
`
`
`
`
`
`
`
`

`
`
`
`PROPOSED AMENDED DRAWINGS
`
`PROPOSED AMENDED DRAWINGS
`AND COMPARISONS TO PARENT
`
`AND COMPARISONS TO PARENT
`
`
`
`4
`
`

`

`
`
`
`
`
`
`
`
`
`
`FIGURE 1
`
`
`
`
`
`Patent Owner’s Motion to Amend – Exhibit 1 (Exhibit 2001)
`Patent Owner’s Motion to Amend — Exhibit 1 (Exhibit 2001)
`Page 1
`Page 1
`
`
`
`

`
`5
`
`

`

`
`
`
`
`
`
`
`
`
`
`FIGURE 2
`
`
`
`
`
`
`
`Patent Owner’s Motion to Amend – Exhibit 1 (Exhibit 2001)
`Patent Owner’s Motion to Amend — Exhibit 1 (Exhibit 2001)
`Page 2
`Page 2
`

`
`6
`
`

`

`
`
`
`
`
`
`
`
`
`HGURE3
`
`HGURE4
`
`
`Patent Owner’s Motion to Amend – Exhibit 1 (Exhibit 2001)
`Patent Owner’s Motion to Amend — Exhibit 1 (Exhibit 2001)
`Page 3
`Page 3
`

`
`7
`
`

`

`
`
`
`
`
`
`
`

`
`
`
`
`
`FIGURE 5
`
`
`
`
`
`Patent Owner’s Motion to Amend – Exhibit 1 (Exhibit 2001)
`Patent Owner’s Motion to Amend — Exhibit 1 (Exhibit 2001)
`Page 4
`Page 4
`
`8
`
`

`

`
`
`
`
`
`
`
`
`
`
` FIGURE 1
`
`
`
`
`
` Original FIG. 10(C)
`
`
`
`Patent Owner’s Motion to Amend (Paper 13)
`Page 8
`
`9
`
`
`
`
`
`
`
`
`

`
`

`

`
`
` FIGURE 2
`
`
`
`
`
` Original FIG. 10(B)
`
`
`
`
`Patent Owner’s Motion to Amend (Paper 13)
`Page 9
`
`
`
`10
`
`
`
`
`
`
`
`
`

`
`

`

`
`
`
`
`
`
`Patent Owner’s Reply in Support of Motion to Amend – Exhibit (Exhibit 2003)
`Page 1
`

`
`11
`
`

`

`
`
`
`
`Patent Owner’s Reply in Support of Motion to Amend – Exhibit (Exhibit 2003)
`Page 2
`
`
`12
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`

`

`
`
`
`

`
`
`
`
`
`
`
`
`
`
`PROPOSED AMENDMENT
`COMPARISONS
`
`PROPOSED AMENDMENT
`
`COMPARISONS
`
`
`
`13
`
`13
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` ‘465 Patent – Fig. 1 Fig. 1 Proposed Amendment
`
`Patent Owner’s Motion to Amend (Paper 13)
`Page 2
`
`14
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`

`

`
`
`
`
`
`
`Fig. 2 Proposed Amendment
`
`
`
`                                    
`‘465 Patent – Fig. 2
`
`
`
`
`
`
`
`
`                          
`
`
`
`
`
`
`

`
` ‘465 Patent – Fig. 3
`
`
`
`Fig. 3 Proposed Amendment
`
`
`
`Patent Owner’s Motion to Amend (Paper 13)
`Page 3
`
`15
`
`

`

`
`
`
`
`
`‘465 Patent – Fig. 4
`
`
`
`
`
`
`
` Fig. 4 Proposed Amendment
`
`
`
`
`
`‘465 Patent – Fig. 5
`
`
`
` Fig. 5 Proposed Amendment
`
`
`
`Patent Owner’s Motion to Amend (Paper 13)
`Page 4
`
`
`
`
`
`
`
`
`16
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`In re Owens, 710 F.3d 1362, 1363-65 (Fed. Cir. Mar. 26, 2013)
`Cited in Patent Owner’s Reply in Support of Motion to Amend at p. 3 (Paper 19)
`
`
`17
`
`
`
`
`

`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`In re Owens, 710 F.3d 1362, 1365 (Fed. Cir. Mar. 26, 2013)
`Cited in Patent Owner’s Reply in Support of Motion to Amend at p. 3 (Paper 19)
`
`

`
`18
`
`

`

`
`
`
`
`CERTIFICATE OF SERVICE
`
`In connection with the above-referenced Inter Partes Review proceeding, I
`
`hereby certify that on January 14, 2014, the document is being served on the
`following counsel for Petitioners in this matter via First Class Mail and electronic
`mail:
`
`
`
`
`
`
`
`
`Dated: January 14, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`A. Justin Poplin
`Lathrop & Gage, LLP
`2345 Grand Boulevard, Suite 2400
`Kansas City, Missouri 64108
`jpoplin@lathropgage.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Morris E. Cohen/
`
`Morris E. Cohen (Reg. No. 39,947)
`Lee A. Goldberg (Reg. No. 38,894)
`GOLDBERG COHEN LLP
`1350 Avenue of the Americas, 4th Flr.
`New York, New York 10019
`646-380-2084 (phone-direct)
`646-380-2087 (phone-main)
`646-514-2123 (facsimile)
`Attorneys for the Patent Owner 
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`19
`
`
`
`
`
`
`

`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket