Polsinelli Secures ITC Victory for Prime Time Toys in Section 337 Investigation

Polsinelli secured a significant win for client Prime Time Toys, a toy company known for its innovative blaster and outdoor play products, in a Section 337 investigation before the U.S. International Trade Commission.

Hasbro had accused Prime Time Toys and other respondents of infringing two patents related to toy projectile-launching devices using super-absorbent polymer ammunition and sought to block imports of the accused products. After the other respondents settled, Prime Time Toys continued to defend the case through a full evidentiary hearing and appeal to the Commission.

The Commission reversed the administrative law judge’s decision and found Hasbro failed to satisfy the ITC’s domestic industry requirement. While the Commission upheld the asserted patents and found infringement, the domestic industry ruling was dispositive and resulted in the Commission finding Prime Time Toys did not violate Section 337. The finding of no violation prevented the issuance of an exclusion order and cease and desist order against Prime Time Toys and the Commission’s accompanying opinion established important precedent on Section 337’s domestic industry requirement.

Shareholder Daniel F. Smith led the Polsinelli team in this matter, which also included Shareholder Lauren E. Peterson and Associate Sean M. Wesp.