Pending Lawsuit against ford
12/8/04, 12:02 PM
#41
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Ford will settle then sue the pants off Delphi........... someone is going to suffer..............Delphi had it wrong from the start, when you read their patent application, it has a Smiley in it, not very professional.............
12/8/04, 12:05 PM
#42
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Originally posted by 169stang@December 8, 2004, 8:01 AM
I'm sure Ford has had a patent lawyer(s) go over that patent with a fine tooth comb. I'm also pretty sure that they made enough changes to sqeak by in court. Patents are tricky buy there are always ways around them. The owner of our company has like 55 patents, but other companies are always barely getting around the infringement thing. For this guy to beat Ford in court, it will pretty much have to be identical to his patent. Besides that, I'm sure Ford will work out something if it started to look bad.
I'm sure Ford has had a patent lawyer(s) go over that patent with a fine tooth comb. I'm also pretty sure that they made enough changes to sqeak by in court. Patents are tricky buy there are always ways around them. The owner of our company has like 55 patents, but other companies are always barely getting around the infringement thing. For this guy to beat Ford in court, it will pretty much have to be identical to his patent. Besides that, I'm sure Ford will work out something if it started to look bad.
12/8/04, 12:47 PM
#43
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Ford can bury this guy in legal paperwork and drown him in legal bills! The only way that I see this guy getting ahead is
1. Ford settles just to get rid of him and avoid bad PR
2. Delphi/Ford completely 100% knocked off this guys patent
I don't see this #2 as the case due to the reference of Weinersnitzle in Delphi's patent. As big as Ford is, I'm sure they CYA in utilizing this idea. I would bet that someone at Ford met with someone at Delphi and said, "well, if this infringes, it's your hiney, not ours. Oh, don't worry, we've had our patent attorney look it over, we're good."
Ever heard this, "Choose your battles wisely."
This is probably going to cost this guy a pretty penny for being a snake in the grass! IMO
1. Ford settles just to get rid of him and avoid bad PR
2. Delphi/Ford completely 100% knocked off this guys patent
I don't see this #2 as the case due to the reference of Weinersnitzle in Delphi's patent. As big as Ford is, I'm sure they CYA in utilizing this idea. I would bet that someone at Ford met with someone at Delphi and said, "well, if this infringes, it's your hiney, not ours. Oh, don't worry, we've had our patent attorney look it over, we're good."
Ever heard this, "Choose your battles wisely."
This is probably going to cost this guy a pretty penny for being a snake in the grass! IMO
12/8/04, 12:48 PM
#44
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Originally posted by Import-Slaya@December 8, 2004, 12:50 PM
Here, however, the plaintiff is more than likely what we call a "patent extortionist." These are patent holding companies that buy up patents (or other intellectual property) strictly to assert them against deep pocket companies.
Here, however, the plaintiff is more than likely what we call a "patent extortionist." These are patent holding companies that buy up patents (or other intellectual property) strictly to assert them against deep pocket companies.
This guy isn't a "patent extortionist", he authored the patent 5 YEARS AGO as a thesis at M.I.T. He offered to resolve the patent without litigation, and Ford told him they wanted more time to respond, which he granted. It was after 2 months of silence that he was forced to file or lose any claim he had.
It's impossible that ford and delphi didn't know about it, since they reference it in their patent. Radio displays changing color are NOT prior work, as the patent is specifically for user configureable illumination of an instrument panel. He *can* document prior work, since he has a thesis and patent predating delphi's by 5 years.
Maybe, just maybe, a deep pocketed corporation stole a good idea from the "little guy", is that so hard to believe?
12/8/04, 12:51 PM
#45
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Originally posted by jgsmuzzy@December 8, 2004, 1:05 PM
Delphi had it wrong from the start, when you read their patent application, it has a Smiley in it, not very professional.............
Delphi had it wrong from the start, when you read their patent application, it has a Smiley in it, not very professional.............
12/8/04, 12:56 PM
#46
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Originally posted by dustindu4@December 8, 2004, 5:27 AM
If a court issues an injunction, they have to stop producing cars with it immediately. Worst case scenario is they can't "sell" cars with it which means cars already built with it will have to be returned to the factory to have the MyColor ripped out of them. This is not good news folks. We can only hope Ford resolves this before an injuction is handed down, which usually take months/years to resolve. Otherwise people like me who are waiting till spring to buy their cars won't be getting Mycolor.
I somewhat have some firsthand experience with this type of problem because my company was sued for patent infringement and we lost the product.
If a court issues an injunction, they have to stop producing cars with it immediately. Worst case scenario is they can't "sell" cars with it which means cars already built with it will have to be returned to the factory to have the MyColor ripped out of them. This is not good news folks. We can only hope Ford resolves this before an injuction is handed down, which usually take months/years to resolve. Otherwise people like me who are waiting till spring to buy their cars won't be getting Mycolor.
I somewhat have some firsthand experience with this type of problem because my company was sued for patent infringement and we lost the product.
It's not my fault Ford screwed up. Why should I be out a car while they fix it?
12/8/04, 12:59 PM
#47
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Originally posted by sqweak+December 8, 2004, 1:51 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (sqweak @ December 8, 2004, 1:51 PM)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-Import-Slaya@December 8, 2004, 12:50 PM
Here, however, the plaintiff is more than likely what we call a "patent extortionist." These are patent holding companies that buy up patents (or other intellectual property) strictly to assert them against deep pocket companies.
Here, however, the plaintiff is more than likely what we call a "patent extortionist." These are patent holding companies that buy up patents (or other intellectual property) strictly to assert them against deep pocket companies.
This guy isn't a "patent extortionist", he authored the patent 5 YEARS AGO as a thesis at M.I.T. He offered to resolve the patent without litigation, and Ford told him they wanted more time to respond, which he granted. It was after 2 months of silence that he was forced to file or lose any claim he had.
It's impossible that ford and delphi didn't know about it, since they reference it in their patent. Radio displays changing color are NOT prior work, as the patent is specifically for user configureable illumination of an instrument panel. He *can* document prior work, since he has a thesis and patent predating delphi's by 5 years.
Maybe, just maybe, a deep pocketed corporation stole a good idea from the "little guy", is that so hard to believe? [/b][/quote]
it's not hard to believe at all.... this sort of thing happens all of the time. you have an idea, whether you file for a patent on your product or not, and you take it to an investor or a manufacturer, and they tell you to carry your hiney outta there, they might turn around, get on the phone with their own engineers and prduct managers and create a product with the same idea. the problem lies in that you CANNOT pattent an IDEA, only a DESIGN. So, if Ford and Delphi came up with their own design, or even poached the basics from this dude, but made enough changes in how it works, the court is going to tell this dude politely to pound sand where the sun don't shine. I don't care who's being the snake in the grass on this one.... I just want the option available when I order mine.
12/8/04, 01:02 PM
#48
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ATTENTION! ATTENTION! PLEASE,
"THERE WILL BE A SLIGHT PRICE INCREASE FOR THE IUP OPTION"
If anything at all there will be a small price increase to cover the costs. Most likely already covered.
"THERE WILL BE A SLIGHT PRICE INCREASE FOR THE IUP OPTION"
If anything at all there will be a small price increase to cover the costs. Most likely already covered.
12/8/04, 01:03 PM
#49
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Originally posted by derynf+December 8, 2004, 1:59 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (derynf @ December 8, 2004, 1:59 PM)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-dustindu4@December 8, 2004, 5:27 AM
If a court issues an injunction, they have to stop producing cars with it immediately. Worst case scenario is they can't "sell" cars with it which means cars already built with it will have to be returned to the factory to have the MyColor ripped out of them. This is not good news folks. We can only hope Ford resolves this before an injuction is handed down, which usually take months/years to resolve. Otherwise people like me who are waiting till spring to buy their cars won't be getting Mycolor.
I somewhat have some firsthand experience with this type of problem because my company was sued for patent infringement and we lost the product.
If a court issues an injunction, they have to stop producing cars with it immediately. Worst case scenario is they can't "sell" cars with it which means cars already built with it will have to be returned to the factory to have the MyColor ripped out of them. This is not good news folks. We can only hope Ford resolves this before an injuction is handed down, which usually take months/years to resolve. Otherwise people like me who are waiting till spring to buy their cars won't be getting Mycolor.
I somewhat have some firsthand experience with this type of problem because my company was sued for patent infringement and we lost the product.
It's not my fault Ford screwed up. Why should I be out a car while they fix it? [/b][/quote]
I can't imagine there will be any way to force anyone to bring back a car that has already been purchased and uninstall the My Color guage cluster.... they can certainly recall the cars that have been produced but not sold or delivered, but what happens if you made a private sale of the car and there is no record of where it went.... are you liable? No. Are they going to pay law enforcement officers to travel the world and track all of these down? certainly not.... If Ford does lose this, then I'm thinkin' the value of your car is going to go up based on the fact that you have My Color, and it was only available for a very short time, and supply of so equipped cars is short.
12/8/04, 01:40 PM
#50
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Originally posted by Import-Slaya@December 8, 2004, 1:50 PM
One more thing--this is strictly my opinion and not to be taken as legal advice by anyone, blah blah blah.
One more thing--this is strictly my opinion and not to be taken as legal advice by anyone, blah blah blah.
Your take on it seems about right.
12/8/04, 01:40 PM
#51
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some of you guys are right
he can NOT patent the idea of using 3 different lights to make any color..otherwise every single inkjet..color laser printer.. CRT tube monitor would be infringment
its common scientific knowlege that the 3 seperate colors in different combos are required to make a color this can NOT be patented.
this man doesn not OWN LED's
if he wins then everything such as CRT monitors would owe him royalties for using 3 different colors to make a different combination of colors
he wasnt the first to think of this
your CRT monitor has been doing this for decades
beam gun or LED doesnt matter
he can NOT patent the idea of using 3 different lights to make any color..otherwise every single inkjet..color laser printer.. CRT tube monitor would be infringment
its common scientific knowlege that the 3 seperate colors in different combos are required to make a color this can NOT be patented.
this man doesn not OWN LED's
if he wins then everything such as CRT monitors would owe him royalties for using 3 different colors to make a different combination of colors
he wasnt the first to think of this
your CRT monitor has been doing this for decades
beam gun or LED doesnt matter
12/8/04, 01:43 PM
#52
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ford will win this one most likely by drowning him in legal fees till he drops the case
or just that the ford one cant make each a different color at a time..its the whole cluster or nothing
or just that the ford one cant make each a different color at a time..its the whole cluster or nothing
12/8/04, 01:44 PM
#53
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Originally posted by sqweak+December 8, 2004, 2:54 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (sqweak @ December 8, 2004, 2:54 PM)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-jgsmuzzy@December 8, 2004, 1:05 PM
Delphi had it wrong from the start, when you read their patent application, it has a Smiley in it, not very professional.............
Delphi had it wrong from the start, when you read their patent application, it has a Smiley in it, not very professional.............
Suprisingly enough, I was joking........ B)
12/8/04, 01:52 PM
#54
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I am not a patent attorney but reading the responses, I agree that the critical immediate concern will be whether an immediate injunction will be granted. Since Delphi mentioned this person's patent in their application, then they had someone research it prior to there submission and the Patent Office, I think, reviews/compares what both submitted. I suppose if an injunction is granted, it would be appealed but if it stood, guess Ford's fallback position might be to offer everything but MY Color - which would be fine with me. This guy may have been screwed or he may not have a leg to stand on.
12/8/04, 02:14 PM
#55
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Ummm, what I think is funny is a patent attorney HAS posted, and I am wondering how many people have read his post. I would trust his thoughts on the situation.
If they actually do lose this, and MyColor is no longer available, its good news for those of us with our cars... But, even so, I wouldnt want it to happen. Too many people would lose out.
If they actually do lose this, and MyColor is no longer available, its good news for those of us with our cars... But, even so, I wouldnt want it to happen. Too many people would lose out.
12/8/04, 02:36 PM
#56
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i dont know if its been posted before but i think he shouldnt have waited so long to sue! not only has the car been out for montths but the "my color" option was planned out long before orders were even taken! you would think a guy whose patent is for the automobiile industry would keep a close eye on what manufatures were putting out!
12/8/04, 02:42 PM
#57
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I'm wondering if this dude did keep his eye out, but sat at home stewing about it, because he isn't making money on a good idea that he had, then finaly got talked into by friends, neighbors, wife or whoever to sue because somebody was seein' $$$$. Then he gets intouch with an attourney who also sees $$$$ and tries to build a case... by the time he filed suit 2 months ago, the product was already in production.
I'm interested in seeing how this turns out... I'll be very surprised if this guy can pay rent after this is over and done with.
I'm interested in seeing how this turns out... I'll be very surprised if this guy can pay rent after this is over and done with.
