LADIES AND GENTLEMEN OF THE JURY:

When a person invents something, that invention can be legally protected. The inventor makes an application, and if the invention is found to be original, the Patent Office sends the inventor an official document called a patent. This prevents other people from using the inventor’s idea.

The case you are asked to judge today involves a patented toy called SPIRALWIZ. This unusual flying toy has been sold worldwide by Backwards Industries Incorporated.

Last year, Andrew Dobbs, who is the owner of a small plastics company, began selling an identical toy. He named it FLYFLIP.

Backwards Industries, the plaintiff, has asked the court to stop Andrew Dobbs from selling FLYFLIP because it is a copy of their invention. But Mr Dobbs, the defendant, claims that his grandfather invented FLYFLIP 30 years ago, long before Backwards Industries had the idea.

A scientist for Backwards Industries has given the following testimony:

“My name is Dr Robert Franklin. You might think all scientists are strange people who walk around carrying test tubes and never have any fun, but at Backwards Industries we’re not like that. In fact, my job is to sit around all day and think up ideas for new toys. I invented SPIRALWIZ for Backwards Industries.

“SPIRALWIZ is one of the most unusual flying toys ever invented. When you fling it in the air, it travels straight ahead. Then it rises skywards, flips upside down, and floats gently back into your hand.”

EXHIBIT A below is a photograph of this amazing toy.

As proof that SPIRALWIZ is an original invention, Backwards Industries also submitted EXHIBIT B, see below. This is the patent issued to the scientist from Backwards Industries who claims to have invented SPIRALWIZ.

Andrew Dobbs challenges Backwards Industries. In claiming that the toy was an old idea of his grandfather’s, he offers the following testimony:

“As a boy, I remember Grandpa telling me about his idea for a toy that would fly back into the hands of the person who threw it. He was working on it for a long time. Then he surprised me one day when he brought home this fantastic gadget.

“We went out in the garden and he showed me how it worked. We took turns throwing the toy in the air. We played with it all afternoon. But Grandpa had no idea of ever selling it as a product. He just worked on his idea for the fun of it. In fact, the next day he was busy working on another invention, musical gum that plays a tune as you chew it.”

While no one else saw Grandpa Dobbs’ toy, Andrew Dobbs claims that his grandfather kept careful records. He had notebooks for all his inventions and they were stored in the attic when the old man died.

Mr Dobbs located his grandfather’s notes. EXHIBIT C, below, is the last page of the notebook that shows a drawing of the toy. You will observe that the sketch is identical to SPIRALWIZ that Backwards Industries claims to have invented.

No one saw a working model of Grandpa Dobbs’ toy besides Andrew Dobbs. But Mr Dobbs offers the testimony of a friend who knew of his grandfather’s experiments.

“My name is Charlie Watson. Grandpa Dobbs was a good friend of mine. I know, I know… you think it’s funny that I called him Grandpa when we weren’t even related. But that’s what everybody called him. I spent a lot of time with him when he was working on that crazy toy idea.

“Every day, for three weeks, I drove him to a remote field on the outskirts of town. Grandpa didn’t want anyone to see him working on his invention. To reach the field, we had to drive down a long, bumpy road that few people in the town knew.

“I never bothered Grandpa while he was trying to get the toy to work. I just went digging in the road, looking for unusual rocks for my geology collection. The road was covered with stones and rocks of all kinds. I used to find a lot of garnet and tourmaline.

“I clearly remember the last day we went to the field together. I was busy examining a large boulder when Grandpa ran over to me very excited. He said he had finally got his flying invention to work.

“But Grandpa wouldn’t show me the toy. He was very secret about all his inventions.

“As we drove home, Grandpa began writing in his notebook. He wouldn’t even show me what he was writing. Then he slammed the notebook shut. He said, ‘I’m glad that’s finished. It took a long time to get that toy to work. Now on to my next invention.’”

A lawyer for Backwards Industries claims the drawing in EXHIBIT C is a fake. He has stated:

“Except for the sketch on the last page, the notebook contains no written description of the invention – or statement that it even worked. There are no other drawings in the notebook.

“In fact, in his notebook, Grandpa Dobbs wrote about his experiments that failed. He never wrote that he could get the toy to work properly. And it seems strange that he would not show the invention to his friend, Charlie Watson. Could he have been ashamed that he had failed to get his toy to work?

“No, old Mr Dobbs never got his flying toy to work. In fact, we believe his grandson, Andrew Dobbs, really drew the sketch himself. He knew he would have to stop selling FLYFLIP if Backwards Industries could prove to the court that the invention was theirs.”

 

LADIES AND GENTLEMEN OF THE JURY:

You have just heard the Case of the Flying Toy. You must decide the merit of Backwards Industries’ claims. Be sure to carefully examine EXHIBITS A, B and C.

Was Grandpa Dobbs the original inventor of the flying toy? Or was the drawing in his notebook a fake?

EXHIBITS: