Topco Wins Patent-Appeal Case Over Slippery Sex Toys

WASHINGTON — In a big win for Topco Sales, a U.S. appeals court last week sided with the sex toy company in a patent case over slippery borosilicate glass.

The Federal Circuit ruled Friday that owners of Know Mind Enterprises cannot patent sex devices made of the substance and reversed judgment against Topco.

Madeira Beach, Fla.-based Know Mind sued rival Topco Sales for patent infringement in December 2006 and won in July, but the company appealed the judgment when it wasn’t satisfied with the award.

Know Mind claimed that Topco had infringed on U.S. Patent No. RE38,924, that is described as a “sexual aid ... fabricated of a generally lubricious glass-based material containing an appreciable amount of an oxide of boron to render it lubricious and resistant to heat, chemicals, electricity and bacterial absorptions.”

In the ruling that provided a rare federal court discussion about the properties and function of sex toys, the court said that Chatsworth, Calif.-based Topco wasn’t liable for poaching the design for numerous sex toys it markets.

Those Topco-branded toys that were alleged to have infringed on Know Mind’s patent included Touch Me, Triple Pleaser, Heart’s Delight, G-Spot Lover, Pink Indulgence, Petite Plug and Confetti Curve, among others.

Before Know Mind’s invention, glass sex toys were typically made out of soda-lime glass, the most common form of glass.

The ruling explained that Know Mind’s patent referred to a “slippery” device made of borosilicate glass, the kind of glass used to make Pyrex glassware.

“That glass has the properties that the patent claims for it, and one can see how those properties might enhance the utility of sexual devices made out of it,” Judge Richard Posner wrote.

“Nevertheless, though the plaintiffs’ invention is useful (setting aside any qualms that one might have about sexual devices in general), it is not patentable if it would have been ‘obvious’ ... to a person having the relevant technical skills.

“Commercial value is indeed one of the indicia of nonobviousness, because an invention that has commercial value is likely to come on the market very shortly after the idea constituting the invention (in this case, the use of borosilicate glass in a sexual device) became obvious,” he wrote.

The federal appeals court in Washington, D.C., which exclusively takes on U.S. patent-case appeals, determined that the use of borosilicate glass for existing glass products was obvious to “a person of ordinary skill in the art”

“[T]o experiment with substituting borosilicate glass for ordinary glass in a sexual device was not a venture into the unknown,” he wrote.

The judges reversed the judgment against Topco and remanded the decision and instructed the lower court to dismiss the lawsuit.

Scott Tucker, CEO and president of Topco, said that Topco's legal efforts were long and expensive.

"We are extremely gratified with the clear ruling by the three-judge appellate court," he said. "We believed this was a frivolous lawsuit from the beginning. We took a proactive stance and devoted our resources towards our defense."

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Emily Oberg Launches 'Sensual Sport' Line of Sexual Wellness Products

Emily Oberg, the entrepreneur behind the successful clothing label Sporty & Rich, has launched Sensual Sport, a new line of sexual wellness products.

Wyoming Governor Signs Age Verification Law

Wyoming Governor Mark Gordon signed the state's new age verification bill into law yesterday.

JO Debuts Travel-Sized Misting Toy Cleaner

JO has introduced a 2-ounce travel-sized version of its misting toy cleaner.

Orion Debuts 'Sweet Smile' Remote-Controlled Panty Vibe

Orion Wholesale has introduced the RC Panty Vibrator Extra Slim from its Sweet Smile line.

Florida Bill Would Auto-Filter Porn for All Users, Not Just Minors

Florida lawmakers have introduced legislation to require manufacturers to equip tablets and smartphones with a filter that would prevent all users from accessing material deemed harmful to minors, to be automatically enabled on devices activated in that state.

Sportsheets Debuts 'Velvet Noir' Collection

Sportsheets has introduced its new Velvet Noir collection.

Kheper Debuts New 'Hustler Centerfolds' Playing Cards

Kheper Games has introduced its new "Hustler 50 Years of Centerfolds” deck of playing cards.

KinkStore.com Debuts Updated 'Electro Zapper'

Kink Store has introduced an updated version of its Electro Zapper.

Nigeria to Ban All Porn Websites, Penalize Non-Compliant ISPs

Nigeria's House of Representatives on Tuesday directed its telecom regulator, the Nigerian Communications Commission (NCC), to immediately block all porn websites across the country and to enforce that ban.

Show More