Indianapolis, IN. Patent attorneys for Buztronics, Inc. of Indianapolis, Indiana have filed a patent suit seeking that three patents owned by Toy Smith Investments, Inc. of Sumner, Washington be declared invalid and not infringed by Buztronics’ products. The three patents, all entitled “WRIST TOY” are: 6,685,582, 6,971,963, and 7,833,115.
Buztronics alleges that Toysmith “accused Buztronics of infringement of Toysmith’s patent rights.”
Practice Tip: Declaratory judgment suits are often filed intellectual property cases after the first allegation of infringement is made. The strategy is for the accused infringer to obtain “home court advantage” by having the dispute litigated nearby. This makes it more expensive for the patent owner to litigate, because they must hire local counsel. Coincidentally, two days before Buztronics filed this suit, the Court of Appeals for the Federal Circuit issued an Order clarifying when threats of infringement rise to a level sufficient to trigger declaratory judgment jurisdiction. In 3M Company v. Avery Denison Corporation, the Court stated that declaratory judgment jurisdiction requires more than “a communication from a patent owner to a party merely identifying its patent and the other party’s product line.”
Plaintiff: BUZTRONICS, INC.
Defendant: TOY INVESTMENTS, INC.
Case Number: 1:2012cv00396
Filed: March 28, 2012
Court: Indiana Southern District Court
Office: Indianapolis Office
Presiding Judge: Richard L. Young
Referring Judge: Mark J. Dinsmore
Nature of Suit: Intellectual Property – Patent
Cause: 28:2201 Declaratory Judgment
Jury Demanded By: Plaintiff