Oh my Gosh...someone got SP darn good..

[B.A.M.]

... It wouldnt make good business sense to just squash SP...

R u serious. Less competition means that there will be less options so more sales for Wdp.
Also i hope that this will allow a window for agd to create a new electro gun. I just wish that all of this sueing stops cuz it way out of control.`

[Glickman]

Im glad to see smart parts lose, but this may make things alot worse.

wdp is doing exactly what "everyone" hated sp for

wdp is just getting a better base case before they take on other companies, and they WILL take on other companies.

"No way did WDP do this just for the greater good of the sport... It wouldnt make good business sense to just squash SP... If they do that then they really have to go after everybody much in the same was a SP was doing. Their best move would be to charge a per marker liescen fee on the patent. You cant deny that SP doesnt sell markers I know way too many guys with impys and shockers. So what could be better for WDP than to just let SP keep selling them yet they make 10 bucks or whatever off each marker. Money that they are getting for something that they have no development, manfucturing,marketing money wrapped up in. Thats what I think you will see..."

i agree exactly, this isnt to better paintball, its to better themselves, which was the argument ive heard from numerous other people, including wdp fans.

smart parts charged a royalty, leaving the possibility to continue business, while wdp has screwed over a whole company without the real chance of continueing for quite a bit after legal battles....


now everyone will go senario and everyone will be happy!

[hitech]

wdp is doing exactly what "everyone" hated sp for

wdp is just getting a better base case before they take on other companies, and they WILL take on other companies.

Do you know this for a fact? Or are you just posting a WAG?

They very well may be doing that. However, we won't know until it happens...

[Glickman]

Do you know this for a fact? Or are you just posting a WAG?

They very well may be doing that. However, we won't know until it happens...

dunno what WAG is, but yes, i am assuming (*** outta you. and o you get the point )

yes, it is just waiting for now, but from what they are doing right now, it seems what is most likely (opinion, take it or leave it )

[hitech]

WAG = Wild Arsed Guess... And you know what they say about opinions...

I, too, figure that is what they will probably do. However, Tom and Jon Rice were friends. So, there is a little hope yet...

[Lohman446]

Did anyone consider this, as bitterly divided as this court case was we are left with the idea that SP may have the rights to market an electronic marker - that WDP also holds that right. SP has taken out a lot of loans (supposedly) to cover the lawyer fees. Anyone see a marketing agreement - like SP + Dye, or SP + NPS that makes both companies come out ahead. Who "owns" PSP right now... I see SP offering WDP a foothold here, perhaps a chance to "juggle" a combination of Angels into the SP teams and getting a right to whatever they need.... once they have there rights settled in court perhaps they will both calm down and do what is in the best interest of both their businesses. I don't know how much hositility exists between them...

[NewMagMan21]

I didnt read through all the posts so tell me if this has been said.
But isnt it funny that Smart Parts " Kings of all Patents" got got screwed up the.... anyway because of a patent. Even the old slogan was "Winning, We Got A Patent On That Too"

[Gunther_mag_user]

Smartparts press release regarding the above.

A four-day jury trial on NPF's allegations of patent infringement against Smart Parts concluded Thursday, December 9, 2004 in the U.S. District Court for the Western District of Wisconsin. The jury found claim 10 of U.S. Patent No. 6,311,682 (the '682 patent) invalid for obviousness. Claims 21 and 39 of U.S. Patent No. 6,615,814 (the '814 patent) were not found to be invalid for obviousness. All three claims had previously been found to be infringed in a November 17, 2004 Memorandum and Order. Several post-trial issues remain pending and Smart Parts is preserving all of its legal rights.

Damages in the amount of $109,070 were awarded to NPF as a reasonable royalty for Smart Parts' infringement and an injunction prohibiting Smart Parts from future infringement of claims 21 and 39 of the '814 patent was entered following the jury verdict on damages.
_______________

This does NOT affect Smart Parts' ability to market, sell, and distribute its Shocker, Impulse, and Nerve paintball guns and will not detrimentally affect the quality or performance of its markers in any way.
_______________

Smart Parts has already taken all the necessary steps to comply with the terms of the injunction. Smart Parts' dealers and distributors therefore do not need take any action with respect to their continued sales of Smart Parts' products. The injunction does not apply to markers sold by Smart Parts before December 9, 2004.

Any dealer inquiries should be directed to Smart Parts at (724) 539-2660.

AS OF DECEMBER 10TH, 2004,

SMART PARTS COMPLIED WITH THE INJUNCTION BY MAKING THE NECESSARY CHANGES TO NERVE, SHOCKER AND IMPULSE MARKERS.

SMART PARTS IS CONTINUING TO SHIP ITS NERVE, SHOCKER AND IMPULSE MARKERS. NO MARKERS SOLD SINCE DECEMBER 10TH INFRINGE.

DEALERS NEED NOT WORRYABOUT PAST OR FUTURE SALES OF ANY SMART PARTS MARKERS.

THE DAMAGES COVER ALL INDIVIDUALS AND DEALERS WHO PURCHASED NERVES, SHOCKERS AND IMPULSES PRIOR TO DECEMBER 10, 2004.

[personman]

Looks mighty familiar

http://www.automags.org/forums/showpost.php?p=1724170&postcount=41

A few posts up :)

Anyway I'd like to see what becomes of this...

[phelix]

yes, yes it does, and dumb****s still fail to read the very important and visible portion set off by underscores:

This does NOT affect Smart Parts' ability to market, sell, and distribute its Shocker, Impulse, and Nerve paintball guns and will not detrimentally affect the quality or performance of its markers in any way.

[DiRTyBuNNy]

yes, yes it does, and dumb****s still fail to read the very important and visible portion set off by underscores:

This does NOT affect Smart Parts' ability to market, sell, and distribute its Shocker, Impulse, and Nerve paintball guns and will not detrimentally affect the quality or performance of its markers in any way.

But Smart Parts has not yet released what exactly they did to said markers to get around the injunction imposed by the court..that I would like to know...

EDIT:
After looking on PBN I found out that a person reportedly working for SP stated that they just locked all boards after 12/10 so they can't be reprogrammed.

[FallNAngel]

After looking on PBN I found out that a person reportedly working for SP stated that they just locked all boards after 12/10 so they can't be reprogrammed.

I guessed something very simliar to that, which was that they'd just switch chips that are one time flash.

[LaW]

Just skimmed over some of the responses. Just want to comment on people that are concerned about WDP doing what SP has done. Its just a part of any growing industry. The bigger companies eat up the smaller companies. The industry of the past was built on friendships and the good of the sport, but now the industry is actually developing into any other industry where they are after money first. Does this suck? Sure but its where most growing industries end up. Now we have to stop letting industries control our sport and take control of it ourselves.

[Jackel411]

I got that email from WDP today at my work email... made me giggle....

Let me make a few points if they were already made.. then sucks for me :) Im to lazy to read three pages :)

1) Whats going to happen with the companies that already paid SP.. isnt that grounds for a counter suit on the basis of wrongly accusing a company for infringing a patent you do acutally have..

2) Think of all the private label " customs " Sp does.. how many companies got screwed there.. isnt that a law suit waiting to happen too?? Shocktech , Freeflow , Toxic ( Cousins bleh ) . Adrenalin , Eclipse to name some of the big boys.

3) SP id a major sponsor and supporter of the NXL , now if they are forced to bail on there contract do to money issues couldnt Ole Dick "Stroke Boy" Clark sue SP on default of contract.. hmmm..

4) Not a legal issue thing of all the teams they will probally cut loose now because of lack of funds to cover them.. Dynasty , Miami Effect , Strange , and Ton Tons.

5) One more... now.. if SP does go under.. who would want to buy it , I bet WDP.. a facility and a staff in the US to manufacture there guns on US turf. Thusly loosing the import tax on the current angels.. I may be wrong but I still belive there all made in England.


Glad to see that Smart Parts will probally get there proverbial skirt screwed off.. bout time.

[NewMagMan21]

Just for me too know (CUZ iM DUMB) .
Why would SP go under I mean really what were the actual damages to there company. I just skimmed through all this and saw a $100,000 fine would that damage a company like SP to breaking??