AUSTIN, Texas — Interactive Life Forms’ suit against Australian manufacturer Legend Toys has been dismissed without prejudice for lack of personal jurisdiction and improper venue.
The judgment, which ordered that all claims brought by plaintiffs ILF and Steven A. Shubin be dismissed, was made on April 8 by U.S. District Judge Sam Sparks.
“Legend Toys was perplexed by the allegations of patent and trademark infringement brought against it, and duly established that it had no case to answer,” Legend Toys said in a press release. “Not a single La Viva Lovelight unit has ever reached a person within ILF’s jurisdiction.”
Legend Toys, according to Fleshlight's complaint filed at federal court in Austin, had been marketing the La ViVa Lovelight since 2009, and by doing so had been infringing on U.S. Patent No. 5,807,360, which is owned by Fleshlight parent company Interactive Life Forms.
Legend Toys’ La Viva Lovelight is a hand held masturbator that self-lubricates and allows the user to control pressure in the device’s shaft. It has patents in China and patents pending in the U.S and E.U.
Martin Logan, Legend Toys’ director of marketing, said he wants it known that they have, at all times, acted within the full parameters of intellectual property law, and that Legend Toys will be moving forward from the court’s ruling accordingly. Distributors may contact him directly at email@example.com for product information.