- Posted on: Jan 19 2018
Once again, Dunlap Bennett & Ludwig has succeeded before the Federal Circuit Court of Appeals. January 16, 2018, for a fourth win in the Federal Circuit in the last two years (4 of 4), the Federal Circuit Court of Appeals affirmed two decisions in two different cases from the Eastern District of Texas Federal District Court’s (EDTX), both in favor of the plaintiffs Tinnus Enterprises LLC and Zuru LTD.
Tinnus founder, Josh Malone, is the inventor of the wildly successful Bunch O Balloons toy. Bunch O Balloons is a quick-fill water balloon system capable of filling, sealing and releasing up to one hundred water balloons in sixty seconds. Bunch O Balloons has resulted in Zuru’s success in winning the Toy of the Year award hosted by the Toy Industry Association at the Annual Toy of the Year Award Gala in February 2017.
While in the midst of establishing a compelling marketing strategy for the novel item in 2014, Telebrands Corporation copied the Bunch O Balloons product referring to the adaptation as Balloon Bonanza which was then released to the public via an infomercial advertisement.
Together, Zuru and Tinnus faced off against Telebrands through its counsel Dunlap Bennett & Ludwig, eventually winning a verdict of $12,317,500 finding the ‘282 and ‘749 patents valid and willfully infringed on in November of last year.
Interestingly – the preliminary injunction, previously entered by the Texas court in this case (Tinnus II), was still pending appeal and was argued, along with the appeal of a second preliminary injunction in the Telebrands Easy Einstein balloon matter (Tinnus IV). After oral argument, which you can listen to by clicking here (Tinnus II/ II) and here (Tinnus IV), the court issue two Rule 36 orders affirming the Eastern District of Texas’ preliminary injunctions in both cases. This prohibits Telebrands from selling either its Battle Balloons product or its Easy Einstein product. (To see the Orders click here). For more on this case and to see the precedential order in the first case Tinnus I, which was previously affirmed by the Federal Circuit, click here. The Tinnus I opinion contains an excellent discussion of obviousness and infringement standards, as well as some discussion of the competing standards at the Patent Trial and Appeals Board versus the Federal District Court.
The infringement litigation team of Dunlap Bennett & Ludwig representing Tinnus Enterprises LLC and Zuru LTD was led by founding partner, Thomas Dunlap, alongside Jeffrey Ahdoot, Brian Koide, Cortland Putbrese, and Eric Olavson.
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