Ripmax RC Patent Does Crash And Burn

Posted on | December 9, 2009 | 1 Comment

2009-1098 Horizon Hobby v. Ripmax
CD/IL 07-cv-2133
Judge Michael McCuskey

Patentee Ripmax appeals from the order and judgment of Judge Michael McCuskey confirming the jury verdict that the asserted claims of 6,983,128 were invalid as anticipated and obvious.  The patent relates to a radio control system for model cars, boats, airplanes, etc.  The case also involved claims of infringement, but those apparently were not tried and dropped before trial, although it is not clear from the docket what happened to them.

The Court's JMOL order does not yield much insight into or detail of the key issues to be argued on appeal, but the Court did specifically find that Horizon's expert performed better than Ripmax's at trial, and therefore the jury could properly find Horizon's evidence of invalidity sufficient and compelling.  The Court also noted that some of Ripmax's JMOL argument was premised on its expert's report rather than his actual testimony.

Horizon has also cross-appealed as the Court only partially granted its motion for costs.

2010-1098 JMOL Opinion

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