What does the RM community say about this? http://www.bicycleretailer.com/north-america/2013/12/16/judge-rules-trek-does-not-infringe-split-pivot-patents#.Uq96KuJKjLM
As long as they don't use:Interesting. Does this mean any company can use a concentric pivot at the axle, without paying DW or Trek for licensing?
see black ****ing holes[*]Worsley-Twist warp drive string theory derivatives . . . specificially when applied to subluminal travel.[/list]
Talk about black holing the Internet!!!!Specialized??? He has tried to get in bed with them before; but with the Demo platform being re-done, FSR patents expired and not being renewed, now could be the perfect time!
On the scene.Where's bradflyn?
Stir the pot much?What does the RM community say about this? http://www.bicycleretailer.com/north-america/2013/12/16/judge-rules-trek-does-not-infringe-split-pivot-patents#.Uq96KuJKjLM
Just wait until TLD's patent on belt loops goes through.Stir the pot much?
As long as you don't design shorts with the same placement and number of belt loops, you should be okJust wait until TLD's patent on belt loops goes through.
FTFY...Just wait until TLD's patent on NEON YELLOW AND GREEN belt loops goes through.
may have? i guarantee you this was done. that's the challenge with writing patents, not making it so broad that it's hard to get approved, but also not making it so specific that it can easily be circumventedI wonder now if trek may have poured through his patent and found two areas where he was a bit specific
Possibly . . . if it was printed on cheesecloth.I wonder now if trek may have poured through his patent . . . .
zeig heil mein grammar fraulein!Possibly . . . if it was printed on cheesecloth.
Improving on a patent does not mean the improvement (even if patented) does not infringe the original patent. The subject matter of an improvement patent can still infringe another.perhaps, but that should and does go pretty solidly with backing the judge's decision...that trek design doesn't infringe on DW's patent. An appeal may not be an open and shut case, if trek can prove, again, that they made an improvement to or significantly different design...but again, I wonder...why bother? DW is currently free to license his design to everybody but trek, trek doesn't license their design. Perhaps DW's patent writers are the ones he should be mad at.
pipe down, this thread is for speculation only.Improving on a patent does not mean the improvement (even if patented) does not infringe the original patent. The subject matter of an improvement patent can still infringe another.
Without reading the opinion, it is clear that the Judge found that DW patents are valid and enforceable patents. The Judge also found that Trek's design is different from the invention that is covered by DW patents (or at least the asserted claims thereof). For anything more you will need the actual opinion.
I should mention that the Judge's opinion is based in part on something called claim construction. The scope of a patent is defined by so called claims. Claims are brief descriptions of the scope of the invention (found at the end of the patent). A claim may read in part: "A device that has two wheels and a shock ... ." Claim construction is a process by which the Judge determines the meaning of the claim language. For example, what does the term shock really mean. From a practical perspective, this usually means that one party wants to ascribe a narrow meaning to a term (like limiting shocks to air shocks and excluding coil shocks) and the other side wants to ascribe a broad meaning to the term. The court looks at the evidence, including the patent itself, statements made by the patentee, experts, and other intrinsic evidence and decides what the term means. Funny enough, claim construction does not necessarily make the meaning of the claims any clearer. From the statement that DW will appeal the claim construction, it sounds like the Judge may have construed the patent claims in a way that DW disagrees with.
All of this happens in a district court. After the claim construction, the jury (or judge) determine (among other things) whether there is infringement (is the patent used) and whether the patent is valid (a new invention). After the decision by the district court, the patentee (DW) or the accused infringer (Trek) can choose to appeal the decision. Here Trek could appeal the finding of validity and DW can appeal the finding of non-infringement. Subsidiary to this, they can also appeal the construction of the claims by the Judge. Because claim construction is a "question of law", the federal circuit affords NO DEFERENCE to the construction by the trial court. In other words, claim construction is redone without regard to the Judge's decision. As a result, claim construction is often reversed on appeal.
I hope this helps the process a little but better.
hehe butI hope this helps understand the process a little but better.
Speculation is always a lot more fun. Carry on then.pipe down, this thread is for speculation only.
Unintended comedy.hehe but
edit: thanks for the insight. Must spread rep.
No problem. The right to appeal a verdict is intended to prevent legal errors and to ensure that Judges and juries follow the law. If you didn't have the right to appeal, then you would be unable to do anything if a Judge decided to ignore the law. What if your neighbor sued you claiming (obviously frivolously) that he is entitled to your home because it is Tuesday and the Judge awarded your neighbor the home (maybe the Judge and neighbor are in cahoots). Without a right to appeal your home would be gone.hey so if I'm hearing you correctly, and those claims get reversed, is it just whoever is granted the last appeal that wins? I guess I don't fully understand how you can just escalate a lawsuit because you don't agree with a ruling. I know that's not DW related, I'm just (thankfully) lawsuit dumb.
go awayfifteen percent and it's different pipe down flute whistlers trek wind that from static aptitude of fudging numbers
Last edited by pinkshirtphotos; Today at 11:41 AM.
Good stuff. Thanks for shedding some light on the process. Hang in there DW.I hope this helps understand the process a little bit better.
only custom prior artwork countsapparently prior artwork doesn't count for anything here...