Bird-B-Gone’s Patent Infringement Lawsuit Tries To Shoo Away Competitor

Santa Ana, CA – Bird-B-Gone, Inc. (“BBG”) filed a patent infringement lawsuit against Bird Barrier America, Inc. (“BBA”) over the sale of spike strips used to repel birds. BBG is the owner of US Patent No. 7,596,910 entitled “Unitary configured Bird Repellant Apparatus,” which was issued on October 6, 2009, but was filed over ten years ago – a rather long pendency period. The invention generally relates to a unitary piece of injection molded plastic with different sets of sharp spikes having variable heights and an elongated base that is attached to a surface. When mounted to a ledge, for example, the invention prevents birds from landing or perching thereon. The picture to the right, courtesy of Plaintiff’s website, illustrates the invention at work. Defendant’s “Polly Spike” product is accused of infringing certain claims of the ‘910 patent. Plaintiff seeks an injunction and monetary damages in an amount to be determined at trial. The case is Bird-B-Gone, Inc. v. Bird Barrier America, Inc. et al., SACV09-01185 DOC (C.D. Cal. 2009).