Recently, Stampin' Up has announced significant changes, including the discontinuation of the Sizzix Big Shot and a shift in die manufacturing. They will be replacing Sizzix with a new manufacturer for their dies, which will feature a slightly different style. Many designs from their catalog are set to be "retired" as they transition, though some will evolve into the new die style once existing inventory is sold out.
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In early April, Ellison faced challenging times with a significant layoff in their U.S. office in Lake Forest, California, reportedly affecting around 20% of the staff, including in-house project designers and graphic designers.
Amidst these developments, four patent lawsuits that Ellison initiated to defend its die patent have proceeded through April. (To learn more about the background on these lawsuits and the patent they are alleging infringement of, click here.)
The case against Stephanie Barnard has seen little progress since March when a Special Master was appointed; both parties are now in the costly and lengthy discovery phase, preparing for a court trial set for September.
In routine matters regarding Ellison and Hero Arts, a protective order governing confidential information was granted on April 24th, leading to a trial scheduled for October.
Heartfelt Creations filed a Motion to Dismiss Ellison's case against them on April 24th, arguing that details in Ellison's original filing were too vague and did not meet the adequate burden of proof for alleged infringement under the '325 patent.
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Avery Elle took notable action by filing a Motion for Sanctions against Ellison on April 11th, claiming the lawsuit was frivolous and based on insufficient investigation. They pointed out that their dies do not infringe the '325 patent due to specific design elements.
Further, they asserted that prior art from Spellbinders and Quickutz could invalidate the patent itself, suggesting that Ellison failed to adequately investigate before filing the lawsuit.
Avery Elle's motion seeks compensation for attorney fees due to what they describe as harassment. Such an outcome is rare unless egregious behavior by the plaintiff is found in patent cases.
Ellison submitted its response to the Motion for Sanctions on April 29th, defending its claims by providing interpretations for the term "none" related to the patent.
The original patent application illustrated the die construction, emphasizing that "none" of the cutting edge extend into the die's center.
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