Havoc Heli settlement clarrified
By Staff -- Playthings, 7/14/2008 6:27:00 PM
TORONTO—Silverlit Toys Manufactory Ltd. and its North American distribution partner, Spin Master Ltd., today issued a correction in regards to the previously announced settlement of their patent dispute with Westminster Inc. and retailer KB Toys over sales of micro helicopters that Silverlit and Spin Master said infringed upon the design of their Air Hogs Havoc Heli.
The litigation was resolved without admission of liability, subject to the terms of a confidential settlement agreement, and subsequently dismissed by a U.S. District Court in Atlanta.
Under the terms of the agreement Westminster acknowledged the existence of and presumption of validity of the Patents-in-Suit, and agreed never to challenge or assist others in challenging the validity of the Patents-in-Suit. KB Toys also acknowledged the existence of and presumption of validity of the Patents-in-Suit and agrees not to challenge or assist others in challenging the validity of those patents, unless those patents are asserted against KB.
Payment has been made by Westminster to Silverlit and Spin Master in consideration of the agreement. The amount of the payment was not announced.
Westminster agreed to no longer make, use, sell, offer for sale or import its Thunder Wolf micro copter, or any remote-controlled lightweight mini helicopters using any of the designs claimed in the Patents-in-Suit, or any claims or designs of Silverlit’s intellectual property.
KB Toys agreed not to make, use, sell, offer for sale or import or transport any Thunder Wolf toys, other than the collection, destruction and other duties provided for in the settlement.
