Rehco scored a victory in its long-running flying toy dispute with Canadian toy company, Spin Master.
The United States Court of Appeals for the Federal Circuit has reversed the prior district court findings that Spin Master’s auto-hover products did not infringe Rehco’s US Patent No. 7,100,866 and that Rehco had released its claim for breach of contract.
In 2013, Rehco filed against Spin Master alleging (1) breach of its 2001 Helicopter Agreement with Rehco by failing to pay royalties on helicopter products, such as the Havoc Heli; and (2) that Spin Master’s auto-hover flying toys, such as its Vectron Wave, Atmosphere, and Flutterbye Fairy infringed Rehco’s ʼ866 patent. With respect to Rehco’s breach of contract claim, in reversing the district court, the Federal Circuit held that Rehco “did not release any claims for royalties on the Havoc Heli.”
With respect to Rehco’s patent infringement claim, the Federal Circuit agreed with Rehco that the district court’s finding of non-infringement was based on an erroneous construction that the ʼ866 patent claims were limited to “a single signal.”
Commenting on the decision, Steve Rehkemper, the co-founder of Rehco stated: “This is a really important victory for Jeff and I and hopefully this will finally allow us to obtain justice. Our Intellectual Property is our life’s work and we must do all we can to protect it.”
Founded in 1983, Rehco is a Chicago toy inventing firm with hundreds of toy and game products marketed by companies like Mattel, Hasbro, Spin Master, Jakks and many more. The firm holds more than 50 active patents including 10 issued or pending patents specifically related to flying toys.