Big Beings USA Pty, Ltd. et al. v. NESTED BEAN, Inc.
Patentability filed 22 May 2023 in the United States Court of Appeals for the Federal Circuit and closed 8 Dec 2023, with US9179711B2 asserted. Recorded basis of termination: voluntary dismissal.
Case record
- Patent involved
- US9179711B2
- Application no.
- US12/920034
- Case no.
- 23-1932
- Verdict cause
- Patentability
- Court
- Fed. Cir.
- Court level
- Court of Appeals
- Case region
- District of Columbia
- Chief judge
- None recorded
- Trial level
- Appeal
- Filed – Closed
- 22 May 2023 – 8 Dec 2023
- Duration
- 200 days
- Basis of termination
- Voluntary dismissal
- Products & marks
- Swaddling suit
- Validity challenges
- 1 on record
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Swaddling suit
A new or alternative swaddling suit that swaddles infants by sufficiently restraining movement of the limbs to suppress the startle reflex, yet allowing movement of hand to mouth thereby facilitating non-nutritive sucking and allowing the infant to self-soothe by sucking the hands.
- Legal status
- Active
- Granted
- 10 Nov 2015
- Earliest priority
- 30 Jun 2009
- Est. expiry
- 12 Mar 2031
- Validity challenges
- 1 on recordIPR2020-01234 · Other · filed by NESTED BEAN, INC.
- Licences recorded
- None recorded
- Inventors
- KRAWCHUK, HANA-LIA
- Classification
- A61F5/37A47G9/08A41B13/06
- Prosecution counsel
- Bookoff McAndrews, PLLC
- Examiner
- NIA, ALIREZA
Parties of record
Big Beings USA Pty, Ltd.
- Core tech
- Not recorded
- Counsel
- Cory C. Bell
- Firm
- Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
- Also named
- Lb Online & Export Pty, Ltd.
NESTED BEAN, Inc.
- Core tech
- Not recorded
- Counsel
- Craig Robert Smith
- Firm
- Not recorded
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Cory C. Bell | Big Beings USA Pty, Ltd. | Plaintiff |
| Craig Robert Smith | NESTED BEAN, Inc. | Defendant |
Basis of termination
From the record · verbatim“Upon consideration of cross-appellants’ unopposed mo- tion to voluntarily dismiss their cross-appeal, Appeal No. 2023-1932, pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, I T I S O RDERED T HAT : (1) The motion is granted. Appeal No. 2023-1932 is dismissed. The revised official caption for the remaining appeal, Appeal No. 2023-1838, is reflected in this order. (2) Each side shall bear its own costs as to Appeal No. 2023-1932. (3) The Director’s brief in Appeal No. 2023-1838 is due no later than January 2, 2024. Appellant’s reply brief is due no later than 40 days after service of the Director’s brief. (4) The Clerk of Court shall transmit a copy of this or- der to the merits panel assigned to Appeal No. 2023-1838.”
Case 23-1932 · Fed. Cir. · closed 8 December 2023
Related cases
Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.
Frequently asked questions
What is case 23-1932?
23-1932 is a patent patentability brought by Big Beings USA Pty, Ltd. against NESTED BEAN, Inc., filed on 22 May 2023 in the United States Court of Appeals for the Federal Circuit. The case closed on 8 December 2023.
Which patent was asserted in 23-1932?
US9179711B2 (“Swaddling suit”), assigned to LITTLE BEINGS HOLDINGS PTY LTD, currently active. The record also lists Swaddling suit.
How was case 23-1932 terminated?
The recorded basis of termination is voluntary dismissal. The termination text reads: “Upon consideration of cross-appellants’ unopposed mo- tion to voluntarily dismiss their cross-appeal, Appeal No. 2023-1932, pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, I T I S O RDERED T HAT : (1) The motion is granted. Appeal No. 2023-1932 is dismissed. The revised official caption for the remaining appeal, Appeal No. 2023-1838, is reflected in this order. (2) Each side shall bear its own costs as to Appeal No. 2023-1932. (3) The Director’s brief in Appeal No. 2023-1838 is due no later than January 2, 2024. Appellant’s reply brief is due no later than 40 days after se
What does voluntary dismissal mean?
A voluntary dismissal is one the plaintiff asks for rather than one the court imposes. Where both sides stipulate to it, it commonly signals a settlement that is not filed on the public docket.
How long did case 23-1932 take?
200 calendar days, from filing on 22 May 2023 to closure on 8 December 2023.
Who were the attorneys and the judge in 23-1932?
Cory C. Bell is recorded as counsel for plaintiff Big Beings USA Pty. Craig Robert Smith appears for defendant NESTED BEAN.
Disclaimer. This page reproduces publicly available court docket data for case 23-1932 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.
Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.
No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.
No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.