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

Kheper Releases New 'Think Like a Slut' Party Game

Kheper Games has released the new "Think Like a Slut" party game.

Pjur, Magasin du Nord Partner for 'Flex Area' Campaign

Pjur and retail brand Magasin du Nord have partnered for the wellness brand’s Flex Area campaign.

Honey Play Box, Creative Conceptions Ink European Distro Deal

Honey Play Box has signed a deal with Creative Conceptions for distribution in the U.K. and Europe.

Motorbunny Debuts 'Fluffer Rock Hard Power' Cock Ring Vibe

Motorbunny has introduced its Fluffer Rock Hard Power vibrating cock ring.

EQOM Appoints Anneke Kamphuis Interim CEO

EQOM Group, the company behind ONE-DC and EasyToys, has appointed Anneke Kamphuis as its interim CEO.

Viben Debuts 'Dreamii' Collection

Viben has unveiled its new Dreamii line of pleasure products.

Onahole Debuts New 'Brain Hacker DX' Stroker

Pleasure brand Onahole has introduced its new Brain Hacker DX stroker.

Fanreal Debuts 'Real Skin Texture' Love Doll

Pleasure brand Fanreal has introduced its proprietary silicone Real Skin Texture love doll.

Full Circle Expands 'Savage Me Dream Girl Doll' Line

Full Circle has introduced Alyssa, Carla, and Nadia from its Savage Me Dream Girl Doll collection.

Dame Launches 'Green Dildo Coin' Campaign

Sexual wellness brand Dame has partnered with creative agency Stereo Creative to launch its Green Dildo Coin campaign.

Show More