Crystal Ninja Appeals Colorado Judgment for PDB Blanks and Glitter in Patent Counterclaim Case.

The appeal

Crystal Ninja, LLC and Kellie DeFries filed a notice of appeal to the Federal Circuit on October 22, 2026 (ECF No. 82) in PDB Blanks and Glitter, LLC v. DeFries et al., No. 1:23-cv-00283 (D. Colo.). The docket entry directs the notice to the September 22, 2026 summary-judgment order and the clerk's final judgment (ECF Nos. 75 and 76). The district docket records Federal Circuit Case Number 27-1087 for that notice in ECF No. 87, entered November 2, 2026.

The counterclaims and the '005 patent

PDB filed the action on January 31, 2023 against Crystal Katana, LLC and Kellie DeFries. On March 6, 2023, those defendants answered and filed patent counterclaims against PDB, attaching U.S. Patents 10,308,005, 10,675,852, and 10,967,625 and U.S. Design Patents D867,838 and D867,839 as exhibits (ECF No. 12). After PDB amended its complaint, Kellie DeFries and Crystal Ninja, LLC answered and counterclaimed on April 10, 2023 (ECF No. 24). On December 14, 2023, Judge Raymond P. Moore granted PDB's motion to dismiss its own claims without prejudice under Rule 41(a)(2), and the counterclaims remained pending (ECF No. 47).

On July 25, 2024, the court construed eight disputed terms of the '005 patent and declined to construe two others (ECF No. 48). U.S. Patent 10,308,005, titled "Double Ended Hand Tool," issued June 4, 2019 and names Kellie DeFries as inventor; its abstract describes a tool for picking up and positioning flatback crystals, gems, or other small items. On September 17, 2025, the court denied DeFries's motion to exclude PDB's final invalidity contentions (ECF No. 56).

Summary judgment

PDB, as counterclaim defendant, moved for summary judgment on November 14, 2025 (ECF No. 61). Judge Moore granted that motion on September 22, 2026 (ECF No. 75). The clerk's final judgment that day was entered in favor of PDB Blanks and Glitter, LLC against Kellie DeFries (ECF No. 76). The summary-judgment order (ECF No. 75) is not available.

Reassignment and costs

The case was assigned to Judge Moore and referred to Magistrate Judge Maritza Dominguez Braswell on February 1, 2023 (ECF Nos. 6 and 9). On October 7, 2026, it was reassigned to Judge Nina Y. Wang (ECF No. 79). PDB filed a motion for attorney fees and a proposed bill of costs on October 6, 2026 (ECF Nos. 77 and 78). On October 29, the clerk rejected the proposed bill and stayed the decision on costs until the appeal is resolved, directing the prevailing party to refile within 14 days of resolution (ECF No. 86).

What to watch next

Watch for the Federal Circuit briefing schedule and any district-court ruling on PDB's motion for attorney fees. The appeal can end at any time, including by voluntary dismissal.