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Luminara Advances in Patent Battle; Scores Wins in China and U.S. Federal Appeals Court
[July 01, 2015]

Luminara Advances in Patent Battle; Scores Wins in China and U.S. Federal Appeals Court


Luminara Worldwide LLC has won additional positive rulings on its patent infringement lawsuits in two countries, including China - home to defendants Liown Electronics Co. Ltd, Shenzhen Liown Electronics Co, Ltd, Liown Technologies/Beauty Electronics LLC. Additional defendants affected by the rulings include alleged intellectual property infringers Boston Warehouse Trading Corp., Abbott of England (1981), Ltd., BJ's Wholesale Club, Inc., Von Maur, Inc., Zulily, Inc., Smart Candle, LLC, Tuesday Morning Corp., Ambient (News - Alert) Lighting, Inc., The Light Garden, Inc., and Central Garden & Pet Co. d/b/a GKI/Bethlehem Lighting.

In March, the Chinese Patent Reexamination Board invalidated a Chinese design patent on the moving flame candle, one of three patents Liown filed in China. In doing so, the Board acknowledged that Liown's design patent had no apparent differences over prior designs. Liown's two remaining Chinese patents have also been challenged by Luminara and are currently under board consideration.

In April, the U.S. Federal District Court, sitting in Minnesota granted Luminara a preliminary injunction prohibiting all defendants from selling moving flame candles to Luminara's customers, acknowledging Luminara demonstrated a substantial likelihood that Liown infringed Luminara's patent. Subsequently, the District Court denied Liow's motion to stay that preliminary injunction pending an appeal to the Federal Circuit.



In June, the U.S. Court of Appeals for the Federal Circuit, sitting in Washington, D.C., affirmed the District Court's decision not to stay the preliminary injunction pending Liown's appeal, which is expected to be heard late this year. As a result, Liown and each defendant remain prohibited from selling moving flame candles to the customers set forth in the preliminary injunction.

These are significant wins for Luminara Worldwide LLC, which filed a lawsuit in U.S. District Court for the District of Minnesota to stop the infringement of its U.S. Patents which represent technology used to create Luminara's collection of flame-replicating designer candles. Luminara is the exclusive licensee for the Artificial Flame Technology, which was originally created by Disney (News - Alert) Enterprises.


"These latest rulings are important victories in Luminara's efforts to protect its intellectual property from infringers," said Elliott Resnik, CEO, Luminara. "Meanwhile, we continue on our mission to provide innovative products and worldclass service to our customers."

The only place to get authentic Luminara candles with its "real flame-effect" technology is either directly through Luminara or Darice, Inc. its exclusive US wholesale distributor. To learn more about Luminara and its candle products please visit luminara.com.

About Luminara
Headquartered in Minnesota, Luminara is the global brand of real flame-effect designer candles that utilize Disney Enterprises Inc. technology patents. Luminara continues to advance this technology and bring new products to market in the U.S., Europe, and Asia.

Luminara.com


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