The U.S. Court of Appeals for the Federal Circuit ruled in favor of Rehco LLC in its long running flying toy dispute with Spin Master. The ruling reversed the prior district court findings that Spin Master’s auto-hover products did not infringe Rehco’s U.S. 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, Rehco co-founder Steve Rehkemper said, “This is a really important victory for Jeff [Rehkemper] 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.”
Rehco is represented in the litigation by Timothy E. Grochocinski and Joseph P. Oldaker of Nelson Bumgardner Albritton P.C.
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 Pacific, and many more. The firm holds more than 50 active patents including 10 issued or pending patents specifically related to flying toys. Rehco is recognized by the toy industry worldwide for its toy invention, design, and engineering.