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19 July 2017Patents

The Force Awakens: toy company sued over Star Wars BB-8 robot

A robotics start-up has sued Canada-based toy company Spin Master over BB-8, a robot featured in the film “Star Wars Episode VII: The Force Awakens”.

Sphero, in a claim filed yesterday, July 18 at the US District Court for the Southern District of New York, alleged that Spin Master had infringed its patented technology.

The Colorado-based start-up has developed and sold user-controlled, self-propelled robotic spheres since 2011, according to the claim.

“In April 2014, Sphero realised that it could couple a magnetic accessory to its robotic sphere, which would ride on top of the ball as it rolled,” said the suit.

Sphero spoke with the creators of “Star Wars” about the droid (a robot in the series) being featured in the movie, it claimed.

According to the claim, Sphero subsequently entered into a licensing agreement with Disney to manufacture and sell Disney-authorised BB-8s.

BB-8 is a droid that has a spherical body with a head that appears to float above its body as it rolls.

“After seeing the first images of BB-8, Sphero recognised that its technology was uniquely suited to bring BB-8 to life as an authentic and highly-functioning robot to be enjoyed by Star Wars fans of all ages,” it said.

Sphero claimed that Spin Master is seeking to exploit Sphero’s success by launching a competing BB-8 robot, just before the release of the next Star Wars movie, “Episode VIII: The Last Jedi”, in December this year.

The robotics company owns a number of patents at the US Patent and Trademark Office, including number 9,211,920, which covers the basic mobility functions of the robot.

In February 2016, Spin Master disclosed a rough prototype for a larger-sized BB-8 robot at the New York Toy Fair, said the suit.

One year later, at the 2017 toy fair, Spin Master revealed a working BB-8 prototype, which included a variety of new features not found in its initial 2016 version, alleged Sphero.

“Spin Master’s BB-8 utilises Sphero’s patented technology to replicate BB-8’s core characteristics and movements. Both Spin Master’s and Sphero’s BB-8 products consist of a spherical ball body which houses an internal drive system and a mechanism that magnetically couples BB-8’s head to its body,” it added.

Sphero claimed that it entered into discussions with Spin Master to determine if the parties could reach a “commercially reasonable arrangement”, but this proved impossible.

The Colorado start-up is seeking a preliminary and permanent injunction, compensatory damages, enhanced damages, attorneys’ fees and costs, and a jury trial.

Paul Berberian, CEO of Sphero, said: "We are proud of the products and the technology we’ve built and will vigorously defend the IP unique to our business.”

He added: “Sphero catapulted to new heights of success as a leader in connected play with the introduction of our ground-breaking BB-8 robot and we will not concede to Spin Master’s attempts to exploit our patented technology.”

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Patents
13 February 2018   Canada-based toy company Spin Master has accused a competitor of infringing patents relating to Bakugan toys.