Bumpy ride for roller coaster patents may continue

A US technology company has vowed to fight against a court ruling that cleared Six Flags Theme Parks, as well as 16 other amusement park operators in the US, of infringing two of its patents related to roller coasters.

Edward Pribonic, president of Magnetar Technologies, has confirmed to WIPR that he will appeal against the US Court of Appeals for the Federal Circuit’s decision,  issued on Friday (April 17).

The federal circuit upheld a ruling from the US District Court for the District of Delaware that US patent number 5,277,125 was invalid and 6,659,237 was not infringed by Six Flags.

Both patents cover magnetic breaks that are intended for use on roller coaster rides.

Busch Entertainment, now SeaWorld Entertainment, and Cedar Fair Entertainment Company, which operates the Cedar Point theme park in Ohio, were also named as defendants in the suit, originally filed in 2007.

Pribonic told WIPR that last year's district court’s decision was “disturbing” and that he was concerned about the implications that the federal circuit’s decision would have on US patent law.

He said: “The rights of US patent owners have been under attack by the courts in the US for several years. This is just another example of the dysfunction and wild disparities in the interpretation of law rampant in the US judicial system,” he added.

In July 2014, Judge Leonard Stark of the Delaware court invalidated patent ‘125 on the grounds that an error in the claims rendered it indefinite and that it was obvious.

Patent ‘237 was declared valid, but Stark said it had not been infringed.

Matt Lowrie, partner at law firm Foley & Lardner and representing Six Flags, described Magnetar’s claim as “meritless”.

He said: “Our clients are very pleased that the cloud of this meritless claim of patent infringement has been lifted.”

Lowrie confirmed his company is considering submitting a motion to recover the legal costs from the lawsuit.

Six Flags did respond to a request for comment.