NBA secures win at Federal Circuit

March 3, 2019

Arguing at the Federal Circuit in front of Chief Judge Prost and Circuit Judges Dyk and Moore, NBA partner Tim Grochocinski secured a win for its client Rehco LLC.

The Federal Circuit held that the district court ruled incorrectly when it awarded summary judgment against Rehco.  Grochocinski argued that Rehco’s prior agreement with Spin Master did not release royalties owed on its Havoc Heli product, successfully overturning the district court’s ruling on that issue.  The appeals court further found in favor of Rehco in finding that the district court erred in its claim construction.  As a result of the revised claim construction ruling, the district court’s summary judgment of non-infringement was vacated and the matter was remanded for further consideration.

“We appreciated the opportunity to present these claims to the Federal Circuit and were pleased with the outcome,” Grochocinski said of the matter. “We look forward to continuing to represent Rehco and obtaining a satisfactory result.”

Also on the brief for Rehco was NBA attorney Joseph Oldaker.  A copy of the opinion can be found here.