Possible Victory For WDP over SP.....

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  • hitech
    Not a shedder of vortices
    • Nov 2001
    • 4775

    #31
    Originally posted by shartley
    It seems as if no one knew what they were doing. LOL
    The only thing that is surprising is that any of us are surprised by that!


    Hey Hitech your starting to sound like me! - AGD
    Hitech is the man.... :eek: - Blennidae
    The only Hitech Lubricant

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    • billmi
      Tech Editor - WARPIG.com
      • May 2001
      • 810

      #32
      Problem was he wasn't an employee. He wasn't getting salary. He was a vice president and minority shareholder, the judge distinguished between the two in his summary.

      The case was scheduled for trial in January. This settlement beforehand means they agreed to forego a jury trial and let the judge arbitrate (faster process, and I don't believe arbitrate is the correct term when it's the judge doing it as opposed to a third party, but that's the concept.) Anyhow, when parties agree to something like that, one of the conditions is typically that the decision will be considered final and binding, unlike proceeding to trial where the could appeal later.

      How much if anything they lose is still to be decided. The judge is waiting for both parties to submit their suggested remedies. My take on reading it is that the judge's plan is to add Hansel to the list of inventors, which would make both SP and WDP own the patent.

      Yep, to the playing public as a whole, I think it has relatively little impact either way. What will be interesting to see is where WDP goes with this - they went after ICD and other companies years before SP did, or so said the industry rumors at the time. Also, what will happend to companies that made licensing agreements. Those agreements are all confidential, but I'd bet a donut that none of them have a clause that say they are no longer binding if the patent is overturned.

      Computer / Paintball geek
      Technical Editor, World And Regional Paintball Information Guide - http://www.WARPIG.com
      Producer, Paintball Television - http://www.PigTV.net
      Paintball, Motocross trail riding, SCUBA, climbing, surfing, R/C aircraft, fun stuff...

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      • shartley
        paintball player
        • Mar 2001
        • 9169

        #33
        Originally posted by hitech
        The only thing that is surprising is that any of us are surprised by that!

        www.ShartleyCustoms.com
        Custom Paintball Products and Accessories
        CLICK HERE to Check out our PDU SERIES GEAR!


        its more like a paper cut that has primadonna's yelling murder... - Glickman

        Comment

        • shartley
          paintball player
          • Mar 2001
          • 9169

          #34
          Originally posted by billmi
          Problem was he wasn't an employee. He wasn't getting salary. He was a vice president and minority shareholder, the judge distinguished between the two in his summary.
          Originally posted by billmi
          The case was scheduled for trial in January. This settlement beforehand means they agreed to forego a jury trial and let the judge arbitrate (faster process, and I don't believe arbitrate is the correct term when it's the judge doing it as opposed to a third party, but that's the concept.) Anyhow, when parties agree to something like that, one of the conditions is typically that the decision will be considered final and binding, unlike proceeding to trial where the could appeal later.
          Originally posted by billmi
          How much if anything they lose is still to be decided. The judge is waiting for both parties to submit their suggested remedies. My take on reading it is that the judge's plan is to add Hansel to the list of inventors, which would make both SP and WDP own the patent.
          Originally posted by billmi
          Yep, to the playing public as a whole, I think it has relatively little impact either way. What will be interesting to see is where WDP goes with this - they went after ICD and other companies years before SP did, or so said the industry rumors at the time. Also, what will happend to companies that made licensing agreements. Those agreements are all confidential, but I'd bet a donut that none of them have a clause that say they are no longer binding if the patent is overturned.

          www.ShartleyCustoms.com
          Custom Paintball Products and Accessories
          CLICK HERE to Check out our PDU SERIES GEAR!


          its more like a paper cut that has primadonna's yelling murder... - Glickman

          Comment

          • billmi
            Tech Editor - WARPIG.com
            • May 2001
            • 810

            #35
            The nature of forums, when a post goes up while a reply to a previous post is being written. :-)

            Amen!

            Computer / Paintball geek
            Technical Editor, World And Regional Paintball Information Guide - http://www.WARPIG.com
            Producer, Paintball Television - http://www.PigTV.net
            Paintball, Motocross trail riding, SCUBA, climbing, surfing, R/C aircraft, fun stuff...

            Comment

            • Cryer
              Paintball is over.
              • Nov 2002
              • 4105

              #36
              Originally posted by billmi
              In essence WDP bought SP's own patent out from under them.
              Anyone else find this fact absolutely ehfin' hillarious?

              Team Sandbaggers.
              -We own j00 all.-

              Comment

              • WARPED1
                I'm a pirate, ARRRRRRRRRR!
                • Nov 2001
                • 7458

                #37
                Now, I like SP's products, but I never fully agreed with the style of thier business ethics, I hope this is the beginning of the end to the lawsuits. Bring back Emags AGD!
                [Something Cool is Here]

                Comment

                • edweird
                  IP lawsuits > innovation
                  • Dec 2001
                  • 1859

                  #38
                  I hate to jump the gun here... but...

                  Ding Dong the Witch is dead, the Witch is dead, the Witch is dead!
                  Ding Dong the Witch is dead, the Witch is dead, the Witch is dead!
                  Ding Dong the Witch is dead, the Witch is dead, the Witch is dead!


                  oh and a couple of these as rare as I use em.

                  AFTICA 4 Life! the low rent (unsponsored) AGD team at IAO
                  Team Sandbaggers: 2k4 Texball Champs of the world!

                  SFL Emag
                  RTP abomination
                  Sydarm + scenario project VM-68 to be featured later.

                  Comment

                  • Raven001
                    Registered User
                    • Apr 2004
                    • 314

                    #39
                    Good to see that Hugh got a few licks in against the brothers

                    Comment

                    • AGD
                      The man from AGD

                      • Oct 2000
                      • 5916

                      #40
                      We before anyone gets too overjoyed here I should put in my 2 cents.

                      From my (unprofessional) take on the judges overview, the patent was NOT invalidated. It was determined that there was an additional inventor that was unamed on the patent. That inventor sold his rights to WDP. WDP has proved to the judge he was involved therefore SP can't sue their own inventor over rights to the idea.

                      The other part thats interesting is that WDP is making a move to have their inventor added to the patent. This gives WDP in my mind co-ownership of the patent.

                      Now, if YOU were WDP, and you see that most of the paintball players are very willing to give their money to SP in the form of royalties AS WELL as buy their products, wouldn't you want in on the action?

                      I am not sure at this point that anything has changed.

                      AGD
                      sigpic

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                      • Sniper king
                        And boom goes the dynamite
                        • Aug 2003
                        • 3322

                        #41
                        sounds to me like the judge was sick of SP like us ROCK ON WDP(don't sue us)
                        Euro E-mag | TL63 | XMOD| EM01610
                        Euro Rt | OG | RT02382.

                        Comment

                        • JimInVA

                          #42
                          Originally posted by AGD
                          We before anyone gets too overjoyed here I should put in my 2 cents.

                          From my (unprofessional) take on the judges overview, the patent was NOT invalidated. It was determined that there was an additional inventor that was unamed on the patent. That inventor sold his rights to WDP. WDP has proved to the judge he was involved therefore SP can't sue their own inventor over rights to the idea.

                          The other part thats interesting is that WDP is making a move to have their inventor added to the patent. This gives WDP in my mind co-ownership of the patent.

                          Now, if YOU were WDP, and you see that most of the paintball players are very willing to give their money to SP in the form of royalties AS WELL as buy their products, wouldn't you want in on the action?

                          I am not sure at this point that anything has changed.

                          AGD
                          Just a reallocation of Royalty fees....

                          Comment

                          • bunker17
                            Registered User
                            • Apr 2004
                            • 440

                            #43
                            and if they do that thats when Agd comes in and saves us with their Hair and no more problems with that issue.
                            My feedback

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                            • AGD
                              The man from AGD

                              • Oct 2000
                              • 5916

                              #44
                              Originally posted by bunker17
                              and if they do that thats when Agd comes in and saves us with their Hair and no more problems with that issue.
                              Don't think that there isn't huge legal hastles with the HAIR trigger either. The average player doesn't think all this affects him but after its too late they will find out it does.

                              All development on the hair trigger is at a dead stop right now.

                              AGD
                              sigpic

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                              • BobTheCow63
                                IAO Gold Star winner (BTK)
                                • Dec 2002
                                • 3832

                                #45
                                Originally posted by AGD
                                All development on the hair trigger is at a dead stop right now.
                                Wha...? Is this new, or am I just out of the loop?
                                Calling all Virginia, Maryland, North Carolina, and other east coast AOers...

                                AO Mid-Atlantic Meet (planning stages)

                                Let us know what dates and locations work for you!!

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