SEOUL, South Korea: The toy brand Mecard, which is developed with proprietary technology owned by Korean toy company Choirock Contents Factory Co., Ltd., won a victory in the global patent disputes against Spin Master, Ltd., a Canadian global toy company.
In 2018, Spin Master sued a US toy company, Mattel, Inc., in the United States, Canada, Australia, etc., alleging that Mecard toys infringed Spin Master's "Bakugan" patents. Mattel was distributing Mecard toys in those countries through its license obtained from Choirock. But Mecard's entrance into the global market have been obstructed by Spin Master's lawsuits.
In March 2019, in response to Spin Master's lawsuits, Choirock filed inter partes review petitions before the United States Patent Trial and Appeal Board (PTAB), challenging validity of Spin Master's three US "Bakugan" patents. Spin Master alleged that Mecard infringed these three patents. In September 2020, the PTAB ruled that all of the challenged claims of each "Bakugan" patent are unpatentable. It is very rare for the PTAB to invalidate all of the challenged claims of multiple family patents as it did in this instance. By confirming that Spin Master's "Bakugan" patents lack patentability because they are nothing more than previously developed or known toy technologies, these rulings provided a complete victory to Choirock.
Prior to these rulings, an Italian Court (EU) and the Supreme Court of China also ruled that Spin Master's EU patent is unpatentable and that "Mecard" toys do not infringe Spin Master's Chinese patent, respectively. In particular, the Milano Court of Italy held that core claims of Spin Master's EU patent that resemble those used by Spin Master in other litigations were unpatentable. Likewise, Choirock won a patent infringement lawsuit brought by Spin Master in the Supreme Court of China. This victory in China confirmed that the "Mecard" patents have their own originality and creativity completely different from those of the "Bakugan" patents. Accordingly, Choirock has successfully cleared away all of the obstacles relating to Spin Master's "Bakugan" patents in its global business for the "Mecard" toys. The "Mecard" toys employ an unique mechanism that transforms a toy by lifting up a card whereby the bottom surface of the card is exposed. This mechanism is the first of its kind in the world.
Choirock owns intellectual property rights associated with the "Mecard" toys. Choirock announced that "based on our victory in the Spin Master disputes, which had obstructed the company's business, the company will meet and discuss with various partners around the world to accelerate re-launch of the Mecard in the global market. Choirock stated that "the company will continue to strengthen its patents for the Mecard toys with respect to their unique mechanism of exposing the bottom surface of a card when transforming." Choirock further stated that "like the Spin Master disputes, the company will take strong measures against any undue or wrongful assertion of infringement against Choirock and will actively protect its own IP."
Choirock Contents Factory Co., Ltd. is Korea's leading content creator and provider. Choirock is highly specialized in planning and development for toys, animations, and licensing business and dedicated to the creation of unique and innovative contents such as Turning Mecard®, Dino Mecard®, Ghost Mecard®, Bbasha Mecard®, Hello Carbot®, Hello Carbot Koong®, Hello Carbot Mini®, SofyRuby®, My Friend Koriri®, Bite Choicar® among many others. Choirock is committed to provide 'Delight To Play' for children and families. Visit us online at www.choirockcf.com.
SOURCE Choirock Contents Factory Co., Ltd.