Smart Parts files for chapter 7 bankruptcy

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  • rabidchihauhau
    What Oppenheimer said 7/16
    • Sep 2001
    • 766

    #31
    ecko

    I'm sure that what you experienced was true to you - but as you are well aware, not everyone has the same opinion - either of their products, their business practices or anything else associated with them.

    halB - the patents have already been upheld IN COURT. It would be a major uphill battle to do what you suggest and the outcome would most likely be a failure of the attempt.
    VENGEANCE PAINTBALL DISTRIBUTORS
    X.O. INDUSTRIES PAINTBALLS

    Comment

    • spantol
      Turgid Member
      • Sep 2002
      • 1024

      #32
      Originally posted by rabidchihauhau
      halB - the patents have already been upheld IN COURT. It would be a major uphill battle to do what you suggest and the outcome would most likely be a failure of the attempt.
      Do you recall which court case that was? I had been under the impression that all of the suits were settled out of court. The notable exception being the WDP case that established Dr. Hansel as a co-inventor, free to sell his interest to WDP directly. By going that route, WDP didn't have to try to get the patent overturned.

      Loaded 2004 BKO For Sale

      Comment

      • cockerpunk
        Haters Gonna Hate
        • Sep 2004
        • 1383

        #33
        Originally posted by SockMonkey
        Its my understanding that AGD had to halt production of the Emag because they were being sued by SP for some patent or some BS like that. With them out of the way AGD could potentially produce a new Emag. (which would be AWESOME!!1!11)
        not gonna happen for so many reasons ...

        who buys the patents (which could be the gardners) will buy them for the same reason the gardners had them - to make money. that means we arn't going to see a new era in paintball innovation becuase SP went under, that IP is still out there, and until its public domain, its going to be used by someone to make money.

        long and short of it - this doesn't change much. teh garnder brothers will still be in paintball, probably through GImilsim. and the patents will still be out there for poeple to abuse.
        "because every vengeful cop with a lesbian daughter, is having a bad day, and looking for someone to blame"

        Comment

        • El Camino
          "The Punisher"
          • Aug 2009
          • 460

          #34
          How long are the patents good for? Different patents, different amount of time?? Can you renew a patent??

          Comment

          • vf-xx
            Henchmen Inc.
            • Nov 2001
            • 3311

            #35
            Originally posted by El Camino
            How long are the patents good for? Different patents, different amount of time?? Can you renew a patent??
            20 years. No.
            -- Feedback--

            Comment

            • tosburn3
              Registered User
              • Jun 2010
              • 23

              #36
              Prediction: DLX buys up all necessary patents for the Impulse and manufactures them with the Luxe. The Luxe will be the last remnant of the Shocker. DLX also buys the patents for the Freak Barrel. GI Milsim runs away with the Ion.

              Comment

              • leloup
                Mag Addicted
                • Feb 2009
                • 634

                #37
                In some cases you can actually renew your patent. This will most likely (99%) not be able to.

                I don't know about Kee, if you read some of the legal documents, I think they had a stake in Smart Parts, whether there were partially invested in them, or a supplier I am not sure, but Kee will be a little hurt from this I think.

                Comment

                • MANN
                  I am in TN. GO VOLS.
                  • Apr 2006
                  • 4266

                  #38
                  I would be surprised if the patents were not already owned by someone other than smart parts. (the company not the brothers)

                  Comment

                  • halB
                    Registered User
                    • Sep 2002
                    • 953

                    #39
                    Originally posted by spantol
                    Do you recall which court case that was? I had been under the impression that all of the suits were settled out of court. The notable exception being the WDP case that established Dr. Hansel as a co-inventor, free to sell his interest to WDP directly. By going that route, WDP didn't have to try to get the patent overturned.

                    You are correct... most likely. You can never know if you have found everything out there, but I just searched and the ONLY case involving smart parts that comes up is the WDP case, which is unpublished but still cited to for its agent/principal and summary judgment decisions.

                    Comment

                    • Newt
                      Darth Amphibian
                      • May 2009
                      • 450

                      #40
                      Originally posted by vf-xx
                      20 years. No.
                      Yes. There are two types of patents. One is for new breeds of plants (ie: a bigger seedless watermelon), the other is for inventions. The latter is good for five years, and can be renewed for up to 20 years total. It gets way more expensive each time as well.

                      Comment

                      • rabidchihauhau
                        What Oppenheimer said 7/16
                        • Sep 2001
                        • 766

                        #41
                        Originally posted by halB
                        You are correct... most likely. You can never know if you have found everything out there, but I just searched and the ONLY case involving smart parts that comes up is the WDP case, which is unpublished but still cited to for its agent/principal and summary judgment decisions.
                        Settled out of court - but with the approval of the court. the WDP-Smart Parts-Dye case was settled between the parties but it is a court approved settlement that VALIDATES and acknowledges the supremacy of the SP patents.

                        Regardless of how or why the agreement went down the way it did, SP got what they were looking for: a court document that states that their competitors acknowledged that their patents cover their products and that they are obligated to license in order to build.

                        This in fact makes the patents very strong - not weaker as some of you are implying.
                        VENGEANCE PAINTBALL DISTRIBUTORS
                        X.O. INDUSTRIES PAINTBALLS

                        Comment

                        • rabidchihauhau
                          What Oppenheimer said 7/16
                          • Sep 2001
                          • 766

                          #42
                          on patents

                          guys - your tax dollars pay for the USPTO and, by law, they have to provide you (for free 'cause you already paid for it) with all of the information and explanations about patents and how they work that you could ever possibly want to look at.

                          Instead of repeating misinformation, misleading information, partially correct information and out-right bad information - why not go and get some of your tax dollars back in the form of free information?

                          Visit www.uspto.gov, click on patents and have fun!
                          VENGEANCE PAINTBALL DISTRIBUTORS
                          X.O. INDUSTRIES PAINTBALLS

                          Comment

                          • Predator-KMK
                            Registered User
                            • Jul 2004
                            • 16

                            #43
                            Karma run over them with a 22 wheeler...

                            Comment

                            • Ando
                              Magusmaximus
                              • Jun 2009
                              • 4144

                              #44
                              If I remember correctly, it take an act of congress to renew a patent over 20yrs. Special circumstances which paintball isn't one.
                              My Feedback

                              Comment

                              • the mag guy
                                pwning noobs since '83
                                • Jun 2006
                                • 408

                                #45
                                If this is legit I say we knock on AGD's door and see what their going to do about it! The speculation is killing me! If and when the new emag or pneumag rolls out I'll be one of the first in line! Perhaps if we all expressed interest in a new emag that might inspire some peeps at AGD to see what they can do!

                                Personally I remember the smart parts of old and how everyone used to covet their products. This goes to show you what happens when people get greedy. I do not like what they did to the industry recently and I'm glad to see them go. I am really hoping some good comes from the technology they tried to suppress and exploit.

                                Lets hope for the best!

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