Why are there legal troubles between D.W. and PTP? (reasoning inside)

[CoolHand]

Wrong. In 1996, SP and WDP started develpment on electros. Pneu Ventures, which was under SP contract, applied for a patent first. Pneu Ventures was bought out by SP, and everything created and applied for by PVI became the intelectual property of SP. WDP applied for nothing. The patent wasn't awarded until recently, after much debate. Maybe it's to broad, but don't blame SP, blame the rules of the US Patent office.

Exactly. I'm not so much mad at SP as I am the USPTO. Its those guys that let them tack on all the extra embodiements years after others developed them. It was shadey of SP to try to tack them on, but it was downright stupid for the USPTO to issue the patent as it was applied for. They (meaning the patent office) didn't bother to do their homework, so ICD and AKA got screwed.

[Adam_Angel_Guy]

Well said! Its just kind of sad how a larger company goes and has to ruin a smaller companies

lol sounds like someone i hate.

[hitech]

Exactly. I'm not so much mad at SP as I am the USPTO. Its those guys that let them tack on all the extra embodiements years after others developed them. It was shadey of SP to try to tack them on, but it was downright stupid for the USPTO to issue the patent as it was applied for. They (meaning the patent office) didn't bother to do their homework, so ICD and AKA got screwed.

And a whole lot of other companies.

[Muzikman]

Exactly. I'm not so much mad at SP as I am the USPTO. Its those guys that let them tack on all the extra embodiements years after others developed them. It was shadey of SP to try to tack them on, but it was downright stupid for the USPTO to issue the patent as it was applied for. They (meaning the patent office) didn't bother to do their homework, so ICD and AKA got screwed.

Everyone makes mistakes and so did the US Patent Office. It was Smart Parts that knowingly did it. I look at it that same way as if a cashier give you change for a $20 when you gave her a $10. It's a dumb mistake, but it happens, only an unhonest person would take it (if they notice) and not say something.

Just like any of the other small governament agencies that do not get public attention every day. I am sure the Patent Office is over worked and under staffed. So they made a mistake and let one slip by. Does that mean it is still right?

[craltal]

exactly. the patent office is swamped, how else do you explain the fact that it takes so long. They can't be expected to know if someone else came up with the idea unless that person applied for a Patent also.

The way I see it, SP was playing the odds. They knew they did not create what they patented, but were betting that the people who did didn't have the support materials proving that they pre-dated SP's claim.

You'll note it's been mighty quiet in Loyahana since the judges ruling in August.

Even K2/ WGP have backed down since GP slapped them off of Action Markers.

[hitech]

So they made a mistake and let one slip by.

It seems to me that the have let a lot slip by (not just referring to the SP patent). Something needs to be done. Personally I think that they should not issue a patent until they have spent sufficient time to determine its validity, however long that is. Regardless of how much backlog it creates. Patents are such powerful things that they should NOT EVER be handed out hastily. Patents are very powerful and demand extreme vigilance prior to their issuance.

[Muzikman]

Well, again, under staffed and over worked. I see it in the USGS and NGS. I even see it trickle down into the county agencies that I have worked for. The federal government only care about the large agencies that get public attention. The Patent Office is not one of them. As for the amount of time it takes. I have a patent pending for the last year and a half and there doesn't seem to be any end in sight (no it's not paintball releated).

[hitech]

...under staffed and over worked.

[Big'n slo]

Don't you all hate it when business gets in the way of selling products for profit...

Oh wait..

[Magaman]

[Muzikman]

You also miss the fact that the Gardners know and understand the Patent process and know their way around it. I am sure they had a lot to do with it. They have been investigated for Patent issues before.

[hitech]

I think you should look into who the owners of SP are and what their backgrounds are.

[Zedaine]

An invention just has to be 10% different from an already patent invention and it can also be patented. So if Nicad's hair trigger is 10% different than PTP's trigger patent, Nicad will be home free. All we have to do is wait, it must be quite a big and busy process to patent something, since millions of other people are trying to patent inventions themselves.

[Toxic Dave]

If you invented a new type of tire and applied for a patent, and just for fun claimed that you invented the wheel too and the USPTO approved this, wouldn't you go and try and make some cash off of Goodyear?

Can you imagine the stuff the USPTO people have to research, and tell differences between? Purely from descriptions and drawings? I'm amazed that any of the patents and trademarks are even close to being right.

dave

[slade]

If you invented a new type of tire and applied for a patent, and just for fun claimed that you invented the wheel too and the USPTO approved this, wouldn't you go and try and make some cash off of Goodyear?

no, i wouldnt. and i dont think SP did it "just for fun" they did it to earn more money and shut out competition.