Looks like ICD gave in on the Smart Parts suit

[cphilip]

The amount of editing I had to do in this thread is intolerable. Keep that stuff up and the whole thread is going get locked down.

[fcpchop]

Sp should die on their birthdays thoase

[Timmee]

Re: SP rules

Originally posted by DjGruv
Its not smartparts fault everyone was to STUPID to realize they were infringing on a patent. Companys are around for one reason. TO MAKE MONEY! Some of you seem to forget that. They aren't the only company to ever sue because someone stole there idea.

Here's a rough timeline that should explain why everyone's mad at SP.

1: SP obtains a patent on the Shocker (and just the Shocker)
2: Other electro markers start coming out
3: SP broadens the original shocker patent to cover ALL electros, while keeping the original filing date (which is where the problem arises)
4: SP goes to court to defend this (IMO, questionable) patent


I agree that if you have a patent, you have the right to defend it. However, SP got their patent to the level it is by manipulating the patent system. Other companies weren't infringing on SP's patent until after SP broadened it. What SP did to get the current patent should be illegal. Other companies weren't stupid, and they didn't steal SP's ideas.

[cledford]

It is important to note also that the Gardners used to be involved in Patent processing and would know of such loopholes from their former business.

-Calvin

[GT]

I love all the arm chair laywers we have in here.

This was a quote by Jim in the AKA forum.

Originally posted by WickedAirSportz
Gino didn't leave ICD out in the cold... National now owns ICD.

I think SP's mission is much larger, be acquired or be crushed. Buy your e/x mags right now becuse I dont think they will be around much longer. I guess what sux for us AKA lovers is that they are going to raise thier prices do to an increase in production cost. In any case that is 75 bucks on top of what we already pay for our vikings.

Few real random thoughts,
Not sure what WDP and kingman are going to do since there HQ's are not in the US. I maybe mistaken but isnt BE way bigger than SP? Anyone ever notice how close the timmy/puls/bushy designs are to each other?

[DiRTyBuNNy]

Originally posted by cledford
It is important to note also that the Gardners used to be involved in Patent processing and would know of such loopholes from their former business.

-Calvin

and they also were investigated for patent fraud in said former businesses...

[shartley]

Originally posted by DiRTyBuNNy


and they also were investigated for patent fraud in said former businesses...

[Koosh]

Originally posted by gtrsi
I love all the arm chair laywers we have in here.

In any case that is 75 bucks on top of what we already pay for our vikings.

Just wondering, did they ever make the $75 thing public? or is everybody just ASSUMING they are going to charge that much for it?

Heck for all we know they'll charge an extra $1 per marker. Still that would suck on principals, but SP would still get alot of money, and there wouldn't be ALOT of resistance to a $1 price increase...

[shartley]

Originally posted by TheFlamingKoosh


Just wondering, did they ever make the $75 thing public? or is everybody just ASSUMING they are going to charge that much for it?

Heck for all we know they'll charge an extra $1 per marker. Still that would suck on principals, but SP would still get alot of money, and there wouldn't be ALOT of resistance to a $1 price increase...

[GT]

Originally posted by TheFlamingKoosh


Just wondering, did they ever make the $75 thing public? or is everybody just ASSUMING they are going to charge that much for it?

Take a look at my post, again. Maybe I confused you guys with the increase in production cost part rather than stating what the actual increase was for. The 75 bucks has nothing to do with SP rather an up charge in the type 3 anno used on Vikings. If you really want references i can link you to several sites that are anticipating the price increase.

Now on to SP,
They have to recoup there costs from recent litigation somehow. Last time I checked they still made paintball stuff so unless they diversify into lollipops to defer recent court costs, then you can be sure that we will see an increase somewhere.


jb

[skife]

ICD has agreed to pay an undisclosed sum of money in settlement of the
litigation brought against it by Smart Parts in November 2002 in the United
States District Court for the District of Oregon. ICD has further agreed to
only sell electronic paintball guns constructed pursuant to a license from
Smart Parts

They just kinda gave up...
its like being the last guy left on your team and just surrendering

[Lohman446]

ICD likely had to step back and look at it from a business perspective. I would expect that they were offered a reasonable settlement offer, and it was cheaper to settle than to pay the lawyers to go to court (even if they won). I also expect this is the same with Dye and NPS. Smaller companies normally find it more beneficial to settle than to fight, and fighting takes a certain type of attitude that few people can afford to have. TK, Bud Orr may have been around this business long enough that they will fight, I mean, if they loose they may just say, enough paintball, its time to retire (having no clue on eithers financial ability or corporate structure this may or may not be an option).

As for companies that are likely to fight because they can - BE and Kingman are your likely sources. BE especially is a large company and from past dealings appears to have in house lawyers and public relations people. But BE and Kingman (Kingman, as far as pure numbers has probably violated the patent more than anyone) have not been targeted yet.

Here is how it stands, if SP looses now, they have collected from ICD, Dye, and NPS - these companies have signed agreements that may or may not be enforcable if the patent if found false (I have no idea), but I am sure they also paid a good sum of money up front. They settled, so regardless of what ever happens with other companies...
Here it is - its time to find out why they settled, 1) if it was to avoid the risk, maybe, 2) if it was because they were offered good agreements, maybe, 3) if it was because they were sure they would loose, find. If it was 1 and 2 it was a good business move, a little on the weak side, but smart. If it was 2) still possibly smart. If it was 3) you had no choice, do not risk a court ruling.

It may be time for all the companies to look at why the settlements happened, what they took, and if it is not better to settle. This may be what we with no investment see as being a "pansy" but... sometimes its smart to be just that and stay in business.

[CrazyLad]

*POOF*

Knock it off -Miscue

[Digits]

We could always burn the SP headquarters down.. And assasanate the judge

just a thought

[DK1]

I guess what I don't understand is the people saying that this is a "good" business strategy by SP.

One thing they miss is that in every business class you will take in college reviews a little thing called "ethics." If money were the only thing in the world, then we'd live in a much different place. However other things are more important.

Last I checked, SP wasn't a publicly held company. Therefore, the managers of that company have more than just "investor net worth" to think about. It's a privately owned company. That means that the decisions made by SP directly reflect the attitudes and ethics of those who are managing it.

Enron and Worldcom's execs made decisions that were in their best monetary interest, but it didn't pan out quite so well for them. SP doesn't face the same risk, so they are quite a bit more ready to lie. But it's still a lie.

And don't confuse yourself.... some want to play the middle groud with this, but it is fairly clear. Smart Parts has patented technology that they DID NOT invent. It does not matter if it's legal, or if they get away with it. It's a lie.

I'm fairly over the disgusted phase with this... I'm fine now. I can deal with it. I'm not a big electro buyer, and even the ones I've had I generally get used. However from the standpoint of this situation's implications on our sport, it's still a tradgedy. There will be less innovation in the electro market than there would have been. Period. Markers will cost more than they would have. SP will have income that they in no way earned. I don't care if I can't make a dent in them or their business, I still don't like it, and I'll tell it to their face if I get the chance.

DK1