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-   -   a couple printed ideas (https://vansairforce.net/community/showthread.php?t=147771)

lr172 07-29-2020 09:34 AM

Quote:

Originally Posted by Steve Melton (Post 1450063)
I need the case to be very clear in the trial. I looked at the claims made by the Airgizmo patent and compared it to my GPS Dock. I stopped part way thru claim 1. Do you think I have a chance?

all of the RVPlasticParts GPS Docks use this approach except for the 760 GPS Dock that has a slide lever release to the Garmin mount.




As you can see in the patent description, there is a very unique language used with Patent applications. It is a combination of Engineering speak, mixed with legalese. There is a reason that patent law is unique and only practiced by those who specialize in it. It takes years of research to understand the scope of a patent description, along with how the courts view the extent and scope of that description, relative to infringement. A few strategically placed words can make the difference between a defensible and indefensible patent.

I can't tell if you stand a chance, but this outsiders view is on losing. The patent description seems to match your design completely. The only upside is that you have only sold a few and therefore no significant claim of damages. The downside is that you could easily spend more on courts costs than you could make in a lifetime of selling these parts. I feel that you have a very slim chance of effectively defending yourself.

I again recommend that you drop the gps docking line of parts. Many here like your stuff and it would be a shame for you to have to stop due to this issue. I strongly suggest that you spend time researching the likelihood of being assessed court cost and plantiff's legal fees, if you lose. Not being an attorney means that you likely don't understand the strategies to avoid this from happening. This could bankrupt you nad you family if it happened.

Lary

Steve Melton 07-29-2020 10:50 AM

Garmin 760 GPS Dock
 
what about this one? is it different enough?: no flex, uses the GARMIN mount, different and new features.


RV7A Flyer 07-29-2020 01:29 PM

Quote:

Originally Posted by Steve Melton (Post 1450309)
what about this one? is it different enough?: no flex, uses the GARMIN mount, different and new features.

There's one sure way to find out! Go for it...print 'em up and sell away, and if they don't sue you, you'll know it's okay!

cderk 07-29-2020 01:43 PM

Again - i'm not a lawyer, I dont play one on TV, so take this for what its worth.

I feel like this is a really weak patent. I would have thought that a car stereo with a removable control panel on the front (theft deterrent) would be prior art that would invalidate this patent. to me, it includes everything in claim one of the air gizmo dock.

scsmith 07-29-2020 02:52 PM

Quote:

Originally Posted by cderk (Post 1450336)
Again - i'm not a lawyer, I dont play one on TV, so take this for what its worth.

I feel like this is a really weak patent. I would have thought that a car stereo with a removable control panel on the front (theft deterrent) would be prior art that would invalidate this patent. to me, it includes everything in claim one of the air gizmo dock.

It does seem like a weak patent, both because of prior art and because it is too broad. It reminds me of one time Sikorsky patented an airfoil for a helicopter rotor. The patent basically read as "any airfoil that is round on the front and sharp on the back with this performance or better".
Even if they don't actually make a product that yours competes with, I think it can still be an infringement though.

But all the caveats from this post apply to me too! Go at least get a consultation from a patent attorney.

dpansier 07-29-2020 04:14 PM

[QUOTE I feel like this is a really weak patent. I would have thought that a car stereo with a removable control panel on the front (theft deterrent) would be prior art that would invalidate this patent. to me, it includes everything in claim one of the air gizmo dock. [/quote]


The Patent Citations list the art that was presented to the examiner during the process, the detachable control unit (Alpine car stereo) was listed and known so that argument may not fly.

Pdtofly 07-30-2020 12:19 AM

How do they have a patient yet
 
1 Attachment(s)
From their own website, they are working on the 760 mount, and don’t already have one, and not expecting one until the fall. Is this not the summer, which comes before the fall.

Attachment 658

So, would this mean, they are stealing your idea, and not the other way around.

Their mount is for any portable electronic instrument. It sounds like they have stolen theirs from RAM Mount, or smartPanel Mounts from Guardian Avionics.

Also, if you decide not to pursue this, give away your file as free domain, and let any, and everyone who wants one to make there own, and not buy one from them.

Brian

Snowflake 07-30-2020 08:16 AM

Quote:

Originally Posted by Pdtofly (Post 1450444)
Also, if you decide not to pursue this, give away your file as free domain, and let any, and everyone who wants one to make there own, and not buy one from them.

You can be sued for doing this as well... The design still violates the patent and by giving it away causes monetary damage to AirGizmo's by robbing them of sales.

lr172 07-30-2020 08:16 AM

It is possible that it is a weak patent (many are and consistently fail in enforcement actions) and it's also possible that there have been cases that defendants have won in infringement cases, setting a precedent. It is also possible that the patent is very strong, eventhough it sounds weak to those who are not patent attorneys or judges. I am not a patent attorney and can provide no guidance.

My point is that the only opinion that matters is the one from an experienced patent attorney or layman well experienced with patent enforcement activity, with access to case history. I will re-iterate that you need to understand the true financial risk if you choose to proceed down this path and lose. Don't think you will get that from anyone other than a patent attorney.

YOur financial risk could be me MUCH greater than just your travel expenses to Texas! And then again they may not be. Only a patent attorney can provide that guidance.

Larry

Steve Melton 07-30-2020 11:03 AM

Law Suit examination
 
maybe I can learn from this lawsuit case that was forwarded to me and is freely available on the internet. it seems Guardian is still operating. perhaps they adjusted their product so as not to conflict. perhaps they changed a recessed cavity or maybe made a hole into a slot or an ellipse or something. then there would be no conflict.

https://litigationtools.maxval-ip.co...?caseid=113652


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