D Now, Inc. v. TPF Toys Ltd.
Opinion
Lead Opinion
Cousins, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY
Defendant TPF Toys Limited moves for summary judgment of this patent dispute in which plaintiff D Now, Inc. alleges TPF infringed a patent for a bubble blower tube. TPF cites clear and convincing evidence that the claimed invention Was obvious in light of the prior art, so the patent is invalid. The Court GRANTS TPF’s motion for summary judgment.
I. BACKGROUND
A. Procedural History
D Now holds the exclusive license to U.S. Patent No. 8,795,020 for a “bubble blower tube.” ’020 Patent, at [54] (filed Jan. 8, 2013);. Dkt. No.. 1 at 3. The tube is a component of D Now’s Uncle Bubble Ultra Bouncing Bubble toy set. Dkt. No. 1 at 4. D Now sued TPF, claiming the bubble blower tube in TPF’s Paddle Bubble toy set infringes the ’020 Patent. Dkt. Ño. 1. TPF moved for summary judgment, challenging the ’020 Patent’s validity on the basis the invention was obvious. Dkt. *1256 No. 65; See 35 U.S.C. § 103 . This Court has federal question jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). Both parties have consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636 (c)(1). Dkt. Nos. 9,17.