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Thread: Smart Parts Patent Will Destroy Paintball! - Read!

  1. #1
    WickedAirSportz Guest

    Smart Parts Patent Will Destroy Paintball! - Read!

    Smart Parts broadended their patent, and it was revised in January. The patent is very broad. The patent covers ANY paintball marker that has an on/off switch. This means Spyders with electronic triggers, Intimidators, Angels, Matrices, Bushmasters, and anything else with a battery will be in violation of Smart Parts' patent.

    On Friday, a judge approved Smart Parts' request to proceed with their lawsuit for patent infringements. On September 3rd, a trial will begin. This is moving very quickly.

    As a patent consultant myself, and can not understand how the patent can be granted, as it will impede technology, which is one of the things that a patent can never do.

    Smart Parts is rumored to want a million dollar signing fee, and $75 per unit sold for a royalty fee.

    I would recommend contacting Smart Parts and expressing your concern.
    Last edited by WickedAirSportz; 07-21-2003 at 07:53 PM.

  2. #2
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    im lost....

    Ok, I'm really lost here (I guess I've been playing stock class for too long). How does Smart Parts have the right to do this?
    "Want more range? Get closer.
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  3. #3
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    Cough..... screw SmartParts.... cough....

    ~da "never liked them anyways" baller

  4. #4
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    Jim, apparently you are worried about this as well, I appreciate your concern and letting us know. You know the power of the AO army, and i think combined with others concerns expressed to SP and the eventual boycott of sp, wel cna convince them to give it the hell up.



    SP has money, and if they were to sue AGD and tie them up, that could mean some big financial troubles.

    the funny thing is, AGD has the first ever Electronic marker, again, they never patented it, but they could show previous art



    Originally posted by Tom in reffrence to a post saying he acted like my dad...
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  5. #5
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    how is it possible to have a patent for an on/off switch? thats like me saying, "im gonna go get a patent for all eating utensils that have four prongs with which to poke your food. and then sure every company that has ever made a fork, or a spork for that matter"
    Good Buyers: rhetor22

    "AHHH Yet another "long" time cocker user wakes up, and comes to his senses. What can I say, Welcome to the intelligent side of paintball." - Creative Mayhem
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  6. #6
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    Crazy and there we all thought that the "people" at Smart Parts were in it for the long haul. Now looks like they are trying to be the Microsoft of paintball...another company makes a better product than you so you buy the company and suppress the output from it...in this case not buying the company but making the companys go bust and in so doing become Fords "Any colour as long as its black" type of thing. I remember when all this patent stuff was flying around before that there were other well older patents in place that aren't Smart Parts registered and even under the broad descriptions of the current Smart Parts claim they if brought to bear would make the holders of those patents able to sue Smart Parts.

  7. #7
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    is it everything with an on/off switch or everything with a battery? cus if its everything with an on/off switch then matrices, xmags, and some others will be fine cus they use push buttons and not switches..and i doubt SP could sue companies just becuase other people used batteries in their stuff
    [*img]http://www.browndotdesign.com/Xodus/AO/YeahThatsMe.jpg[/img]
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  8. #8
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    and people, lets not jump all over this yet, it could just be a mis-understanding, letsw not go and make fools of ourselves and slander smart parts without further proof...

  9. #9
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    Wow this makes the Yellow pin look alot better. Also I think Im going the Bushy way instead of the Imp. actualy probably not but that still makes me mad. thats like putting a patent on a the doorknob and charging $75 a piece to use them.
    DAMN THE MAN! SAVE THE EMPIRE!!!
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  10. #10
    Animal Mother Guest
    SmartParts is a small company when you compare them to other companies (not paintball) and this is sucide. Why? because we can boycott SmartParts and they will fall. Even if it does get changed it shows what a scum ball company they are for even trying. Yeah.. I'm gonna pass on that Shocker '03.

    I'll be placing my order with The Angel Guy next week.

    Speeeeeeeeeeeeeeeeeed!

  11. #11
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    oh bah they need slandering, anyway, it would still be considered a switch begause it is "5; a device formaking, breaking, or changing the connections in an electrical circuit" as defined by websters dictionary. this would include a button.

  12. #12
    WarBUCKs Guest
    Well, this seems kind of odd. Any paintball marker? I guess the work around could be a button rather than a switch or how about a remote control IR device.

    I am sure if this is going to happen, Tom and the friendlies at AGD have gotten word of this. Anything with a battery may be pushing it and they will probaby just waste their money. Too bad for them.

    This reminds me of Metallica suing for the E and F chords cuz it is their trademark.

    Blasphemy!!!!!

  13. #13
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    so are you sayign i should buy this upgrades off the market
    or
    they will still be available just that company gets sued for it and i should boycott smart parts?
    thus including ebalde cocker and ebolt for m98?
    I knew not what I did but am now edumacated

  14. #14
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    Face it, they're getting old, they can't really compete on the field with the younger generation of players, they're losing business in the market place to superior competitive products, this is merely the sign of the times.

    Usually this type of mindless litigation is the first sign that things are going south for a company, when they pull out the crazy BS patents and go on a quest to hurt as many as they can and pad their earnings.

    That patent claim is so broad and silly that I can't believe that the actually found a judge stupid enough to go along with it. Its right up there with the guy who tried to sue all the console game manufacturers for his stupid wide open patent on console design.

    Just another reason (not that I don't have enough already) for me to never buy an SP product again.

    As a patent consultant, Jim, do you have any favors owed you by people high in the legal food chain that you could call upon to kill this nonsense?

    -Evil Bob

  15. #15
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    Originally posted by WarBUCKs

    This reminds me of Metallica suing for the E and F chords cuz it is their trademark.

    Blasphemy!!!!!
    That was a joke....hopefully this is too.
    I think smart parts is one of the worst companies I've run accross, in any business.
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  16. #16
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    Humm... maybe AGD should patent the yellow pin idea.

  17. #17
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    ah but think of the megaownage mags would throw out there if there were no more electros.

  18. #18
    Screw Smart Parts, these jerks have been up to this crap for years, and now not only are their needlessly cutthroat business ethics truly showing through, but their product quality has dipped towards the worse (in my opinion)

    How about a sportwide boycott of SP products? Make it so they don't get jack from all of us who support "other" markers with on/off switches.

  19. #19
    ben_JD Guest
    While things happen in the legal field every day that surprise me, I am not certain that the entire story is being reflected in this thread. My patent law is a little fuzzy (and I never sat for the patent bar), so I will not espouse what I believe the patent law to be. However, the threshold for what a judge will allow to move forward in court is pretty hard to overstep sometimes.

    The right to sue is pretty broad and courts are often wary to restrict that right. The possibility of a court not forbidding Smart Parts from filing a lawsuit is FAR FROM a court making a positive determination on the merits of a claim from Smart Parts. Smart Parts may be allowed to sue me for waking up this morning, it does not mean they are going to get anything for it. The return on investment for filing useless lawsuits is pretty meager and I am sure that SP's lawyers are telling them this.

    This is not a legal opinion, merely the musings of a man who is still at work....and....bored.

  20. #20
    personman Guest
    Hahahahaha smart parts makes me laugh
    I wish I had a 2003 shocker.. I heard they were really good...

    <b>FOR ME TO POOP ON!!!11</b>

  21. #21
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    People let me tell you, this is VERY VERY REAL. If you don't believe it, call Smart Parts directly and ask them if they have the patent rights on all electronic guns.

    Why do you think we have been working on the ULE Trigger?

    AGD

  22. #22
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    Originally posted by Miscue
    Humm... maybe AGD should patent the yellow pin idea.

    yep that idea is really taking off in other markers

  23. #23
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    If all is as you say, a boycott won't do a lot of good. If their patent really reaches that far, in order to truly screw smart parts we would have to drop all electro markers in the range of their patent. Would that include Matrix, Intimidators, Angels etc.? There has to be some information on this somewhere. Can someone post a link? With the current 411 as is, we may as well go Al-Queda on Smart Parts.
    Last edited by No sKiLLz; 07-21-2003 at 07:28 PM.

  24. #24
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    sp might win this fight, but what company is in better position to capitalize from the tremendous loss of electros than adg? like i said, we will own all when there are no electros around.

  25. #25
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    i dont see the efficiency of a boycott if most of use dont regularly buy smart parts stuff the only thing we regularly purchase is paint in reality..

    EDIT: Tom i have to ask if they win what will become of the emag? will it stopped being produced? and if it is can we still get support of our guns, etc?

  26. #26
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    Originally posted by FutureMagOwner
    i dont see the efficiency of a boycott if most of use dont regularly buy smart parts stuff the only thing we regularly purchase is paint in reality..
    well if sp's suit keeps other companies from making electros there would be serious backlash against sp's electros and it would kinda defeat the point. if winning your lawsuit means you wont sell another gun, is it really worth winning? i really cant see anyone paying the money sp wants from the suit so i would imagine if they won that would end the age of the electro paintball gun.

  27. #27
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    A boycott would definitely be useless. If anything it justifies SP cutting R&D out of their budget and just sitting back and getting fat on royalties.

  28. #28
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    Originally posted by magman007
    Jim, apparently you are worried about this as well, I appreciate your concern and letting us know. You know the power of the AO army, and i think combined with others concerns expressed to SP and the eventual boycott of sp, wel cna convince them to give it the hell up.



    SP has money, and if they were to sue AGD and tie them up, that could mean some big financial troubles.

    the funny thing is, AGD has the first ever Electronic marker, again, they never patented it, but they could show previous art
    AGD brought nitrogen into this sport. DOWN WITH MAX-FLOS!

  29. #29
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    Angry I HATE SMART PARTS

    I hate Smart Parts. It's a good thing we have Tom to think up of these great things like the ULT and stuff. Someone should make a patition(sp?) to boycott Smart Parts.
    Last edited by Nick O time; 07-21-2003 at 07:43 PM.
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  30. #30
    now tell me if this is off, but someone once explained to me why disney had to sue a little kid for putting mickey on his website. They said that if they dont inforce their trademark or whatever that they lose the rights. Smartparts hasnt sued anyone up untill this point, dont they lose the right.

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