Planet Eclipse Sign agreement with Smart Parts

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  • bleachit
    Conturbo et Ledo
    • May 2003
    • 1410

    #31
    Originally posted by robdamanii


    You think Kingman or BE are going to sign with them?

    You know how much money BE/K2 has to fight that? Or kingman?

    I'd LOVE to see that battle in court. Of course, SP may never attempt it knowing it's a losing battle.
    who's to say Kingman or BE want to fight them?? those companies are so large, they could easily eat the licensing fee and the customers probably wouldnt even know.
    "Great stories! See everyone, just buy a Sydarm and become a paintball superstar!! "
    AGD

    "i just sent out the full force of the canadian army (4 guys). expect high canadian casualties"
    Blackweenie

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    • robdamanii
      The AO Village Idiot
      • Dec 2003
      • 707

      #32
      Could be true, but I'd imagine SP would want more money out of a larger company. Depends if they're asking for a percentage or a fixed royalty.
      Manager, Ithaca Paintball and Recreation.


      Autorized Smart Parts, WDP, WGP, and AGD dealer.


      If you're looking for markers or gear, drop me a line at [email protected] and I'll do the best I can, or visit us online at www.ithacapaintball.com.

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      • baka
        my 9" member
        • Dec 2003
        • 230

        #33
        Originally posted by gtrsi


        the slaughter and near genocide of an entire people and a poor patent of a paintball product: dont ever make that comparsion again. Its just sick and wrong
        please, don't misconstrue my words. The analogy i was making was about the Nazi party taking over other countries or how they made some countries (like France)sign forfit decrees(like SP makes some companies sign their crap), NOT anything about killing Jews, nor did i mean that by saying "their ways". don't wanna flmae anyone.
        My Feedback*A+

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        • Timmee
          eBay addict
          • Apr 2002
          • 1770

          #34
          Originally posted by robdamanii


          You think Kingman or BE are going to sign with them?

          You know how much money BE/K2 has to fight that? Or kingman?

          I'd LOVE to see that battle in court. Of course, SP may never attempt it knowing it's a losing battle.
          IIRC, SP will have to go after Brass Eagle and Kingman, otherwise their patent gets invalidated (it must be defended against ALL infringers).
          There are three kinds of people in the world: Those who can count, and those who can't.

          With understanding comes understanding.

          If the saying is true that we are what we eat, aren't we all just cannibals?

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          • spantol
            Turgid Member
            • Sep 2002
            • 1024

            #35
            You're confusing patents with trademarks. Patent enforcement is left to the owner's discretion.

            Originally posted by Timmee


            IIRC, SP will have to go after Brass Eagle and Kingman, otherwise their patent gets invalidated (it must be defended against ALL infringers).

            Loaded 2004 BKO For Sale

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            • spadge67
              Registered User
              • Mar 2004
              • 92

              #36
              not trying to steal the thread, but this got me thinking, are patents worldwide? are people is europe safe from this? I noticed that theyre US patents, just curious, i assume they are worldwide, but not sure
              [*IMG]http://myweb.cableone.net/brassart/spadgesig.jpg[/IMG]
              Filesize too large- Tato

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              • PissedGodzilla
                Killswitch Engaged....
                • Jul 2003
                • 618

                #37
                patents are not worldwide, I believe.

                Does anybody know / is there any way to find out what these companies are settling for, like what the cost is, etc?

                Thanks!


                ICON-E (Upgraded enough to PwN jOo...)

                Mostofamag, My logic-framed,railed,and foregripped Mag


                Click here to see pics of the guns!!!

                Comment

                • DeeEight
                  Registered User
                  • Nov 2003
                  • 65

                  #38
                  Originally posted by DiRTyBuNNy
                  Well..did anyone catch this part of the press release?



                  I think SP may discover that regulators in other countries aren't as easy to lie, cheat and steal from.
                  Canada's patent law requires a invention to be TRULY innovative and something that a reasonable average intelligence individual in the same industry couldn't think up themselves.

                  They wouldn't allow a broad patent on all electronic locks for example (and thus, all electronic paintball guns either), but would allow a specific design of electronic lock.

                  So SP could patent the impulse and shocker designs SPECIFICALLY, but not get a patent that covers the mere concept of electronically fired paintball guns.

                  I dunno about the UK but WDP already had a patent for the angel's there at the same time SP was patenting the shocker the original shocker. Except it was a patent specific to the angel design, not a broad patent attempt filed thru revisions to existing patents to circumvent patent laws.

                  As far as a european patent court would be concerned, they'd pay more attention to a UK patent holder than a US patent holder, so SP ain't got a hope in hell. European courts have already come down hard against microsoft in patent and antitrust suits.
                  Last edited by DeeEight; 04-04-2004, 11:14 AM.

                  Comment

                  • DeeEight
                    Registered User
                    • Nov 2003
                    • 65

                    #39
                    Originally posted by RT pRo AuToMaG
                    I know for a fact that Dye and NPS have enough money to fight them, but appearently they saw some vaid points in the patent. The people on AO, although smart, probably don't know near as much as Dye, ICD, Eclipse, and NPS's lawyers do about patents, and I'd like to think that their lawyers know what's best.
                    I know for a fact then that you're a moron due to the above statement.

                    DYE did try and fight them and all their funds got sucked up by lawyer fees !!!

                    NPS didn't have to waste time fighting them, they distributed the product. And SP NEVER was going to sue NPS in the first place or charge them ANY fees as they are their largest US distributor.

                    Comment

                    • Bonx0007
                      AO SOCAL OG
                      • Sep 2001
                      • 1388

                      #40
                      Originally posted by baka


                      please, don't misconstrue my words. The analogy i was making was about the Nazi party taking over other countries or how they made some countries (like France)sign forfit decrees(like SP makes some companies sign their crap), NOT anything about killing Jews, nor did i mean that by saying "their ways". don't wanna flmae anyone.
                      I, much like most on this forum, do not like what Smart Parts is doing to the industry. But, your analogy is off base. Your comparing a forfeit decree signed with the consequence of noncompliance being invasion and mass murder/genocide to a simple business ethics and law discussion. What happens if one day someone does fight Sp? What happens if a court finds them to be the legally entitled to what they have patented? Then what? It is my opinion that all paintball guns are too much alike in the first place. All electros seem to be a variation of what another one is. Yes, I shoot an emag. I like it because the valve design is unique when compared to other markers. I believe that it was designed that way due to the exact reason we are in this discussion right now. AGD did not want someone coming along and patenting the double tube design and killing all their business. With that spirit intact I believe that the lazy paintball manufacturers should be hitting the R&D room really hard and make the paintball industry even stronger with new innovative designs. There is more than one way to shoot a paintball. Personally I am tired of opening Pb magazines and seeing all the same guns being produced just with different triggers,grips,bodies, and barrels. Right now there are two many band wagon paintball gun companies, and this may be a way of scraping them off the hull of the progression of the sport.
                      On a side note, if Sp is found entitled to royalties for their design because of some loop hole in the law i would find that very unacceptable. As it is right now no one is absolutly sure what they are truly entitled to.

                      Comment

                      • thei3ug
                        Canicus
                        • Oct 2000
                        • 846

                        #41
                        Originally posted by DeeEight


                        I know for a fact then that you're a moron due to the above statement.

                        DYE did try and fight them and all their funds got sucked up by lawyer fees !!!

                        NPS didn't have to waste time fighting them, they distributed the product. And SP NEVER was going to sue NPS in the first place or charge them ANY fees as they are their largest US distributor.
                        Don't get belligerent when correcting someone if you're wrong.

                        DYE didn't fight them until they went broke. Dye signed an agreement quid pro quo, licensing parts of their matrix valve design to SP.
                        [*img]http://userpic.livejournal.com/11885469/469200[/img]
                        Filesize too large- Tato
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                        • Bolter
                          Hardcore casual
                          • May 2003
                          • 1223

                          #42
                          whos left for them to fight?

                          WDP
                          WGP
                          Kingman
                          Brass Eagle
                          Far East Dragons people (don't know name of company)

                          anyone know the full list?
                          Bolter
                          Storm Uk

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                          • MarkM
                            UK Cougars
                            • Jul 2002
                            • 2433

                            #43
                            WGP would just stop production of the E-Ranger as they are covered through the agreement Planet have just signed with SP, so they (WGP) don't have to sign or fight a thing.
                            WDP, Kingman and BE are the main targets now and I suspect always have been but they (SP) have gone after the smaller people first and then they will have presidence as the others have all signed/stopped production. Within the UK/EU WDP will win the case however their sales are not dependant on the UK/EU but America, BE and Kingman could possibly do without America but time will tell.
                            System X might be gone after by SP but then Planet are more likely to do that as it is their product that System X have ripped off and the signing of the agreement with SP is actually an added strength to their case. BE and Kingman are sear tripper frames same as Planet but this may be enough to save them having to fight
                            Mark UK Cougars


                            UK Cougars
                            Sterling Owners Group. Member #39

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