Spin Master’s Patent for Transformative Toy Upheld on Appeal

The Federal Circuit on February 21, 2020, held that a challenge to parts of Spin Master Ltd.'s patent covering its line of Bakugan transforming robot toys was properly rejected by the Patent Trial and Appeal Board (PTAB). Choirock Contents Factory Co. v. Spin Master, Ltd., Fed. Cir., No. 19-1335, 2/21/20.

Choirock asked the PTAB to review the validity of claims in Spin Master’s patent related to a transformable toy. The board ruled in favor of Spin Master.

On appeal, the Federal Circuit found that substantial evidence supported the board’s findings that the claims at issue weren’t obvious. However, the court rejected Spin Master’s argument that Choirock lacked standing to bring the appeal because it wasn’t injured by the patent. Choirock provided evidence that it had concrete plans to begin selling a line of transforming toys in the US by early 2020. That’s enough to show injury because Spin Master may sue it for infringement in the future, it said.