Husch Blackwell client Luv N’ Care, a sippy cup company, was sued for patent infringement by a competitor, Munchkin. After the successful Husch Blackwell defense team, led by Edward Manzo, filed a petition for inter partes review of the patent with the U.S. Patent Trial and Appeals Board, Munchkin’s claims were ruled invalid. The ruling was affirmed by the Federal Court.
Luv N’ Care’s in-house counsel—Husch Blackwell alumnus Hartwell Morse—also moved the district court to award attorney fees in the case. Attorney fees are rarely awarded in IPR cases, but the court ordered Munchkin to pay Luv N’ Care $1.1 million in fees for litigating in bad faith. The judge ruled that this was an exceptional case due to the weakness of Munchkin’s claims.