WASHINGTON, D.C.—The U.S. Supreme Court this week decided not to hear an appeal from a Florida company involved in a patent infringement case against Topco Sales that dates back to December 2006.
The decision by the justices came after a federal appeals court rejected the patent claim, saying it didn’t cover a genuine innovation.
The original complaint, filed by Know Mind Enterprises of Madeira Beach, Fla., alleged that Topco Sales infringed on a patent by creating toys using slippery borosilicate glass. The company claimed several Topco toys–including the Touch Me, Triple Pleaser and Confetti Curve–used the glass.
Initially, a judge ruled in favor of Know Mind, owned by Steven D. Ritchie and H. David Reynard, but Topco appealed.
On April 24, 2009, the appeals court reversed that decision, ruling that even though the glass was obviously better than traditional soda-lime glass that had been used, the newer glass – the same kind used to make Pyrex glassware – wasn’t able to be patented if it would have been obvious to another person with relevant technical skills.
The justices made no comment when they rejected the appeal.
