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USPTO Agrees to Re-examine 3M Patent

Ongoing litigation between Avery Dennison and 3M.




Avery Dennison Corporation has announced that the U. S. Patent and Trademark Office has granted the company's request for re-examination of 3M Company's U.S. Patent No. 5,897,930, the patent that is the subject of ongoing litigation between the two companies.

Avery Dennison's request was based on five earlier-issued patents that were not considered by the Patent and Trademark Office before issuing the '930 patent to 3M. In granting the company's request, the Patent and Trademark Office stated that the five patents raise “substantial new questions of patentability” affecting the claims in the '930 patent, according to Avery Dennison.

In the ongoing patent-infringement litigation concerning the '930 patent, Avery Dennison is contesting a jury verdict in the U.S. District Court for the District of Minnesota that held that some of Avery Dennison's Easy Apply Technology EZ Graphics Film products infringe the '930 patent and that the '930 patent is valid.

“We are pleased that the U.S. Patent and Trademark Office agrees with Avery Dennison that 'substantial new questions of patentability' have been raised with respect to the '930 patent,” says Michael W. Roughton, vice president and general manager, Avery Dennison Graphics Division. “Although Avery Dennison will not at this time resume selling the specific EZ Film products enjoined by the Court, we remain confident in the Easy Apply Technology developed by Avery Dennison and look forward to the outcome of the Patent and Trademark Office review.”

Meanwhile, as the patent reexamination and post-trial motions move forward, Avery introduced its new Easy Apply Digital films at the ISA show in Orlando. The company was slated to begin shipping its newly constructed films the week of April 24.






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