Evolv take legal action on Joyetech/Wismec

[drunkenbum]

Looks like evolv have really got the hump with Joyetech.
I'm not quite sure how it will stand up myself.


search.rpxcorp.com/litigation_documents/11891651

[VapingBad]

What I wrote elsewhere about this, it could impact on all VW devices.

The document list stuff from the 10 W iStick, Cuboid, new VaporFlasks right upto the RX200, but the focus is mainly on the Cuboid & RX200. I seems like Joyetec had a chance last year to negotiate a licence fee and now Evolv just want them to stop importing these devices into the USA. I say good luck to Evolv they have every right to defend their business and unlike most stack em high sell em cheap manufactures they genuinely innovate and they look after their customers.

[drunkenbum]

I don't blame them either.
Taking on a chinese company might be hard going though. Even BMW couldn't win against them.

[VapingBad]

Mar 15, 2016 13:43:23 GMT drunkenbum said:

I don't blame them either.
Taking on a chinese company might be hard going though. Even BMW couldn't win against them.

They have a US subsidiary and have used the US Court system to clamp down on fake eGos before so that are apparently they are under US Courts jurisdiction. 

IIRC Joyetech were threatening small vendors over her with legal action for selling grey import iSticks.

[drunkenbum]

They must feel they have enough of a case. It'll be interesting to hear the outcome if it gets aired publicly.
I can't help thinking there's to many differences in the look and operation of the boards for it to be a simple battle for them

[calnorth]

Pretty serious stuff. I assume an independent expert technical witness or two are somewhere.

I have an iStick 30W that I know is fake. And it occurs to me now that I read the complaint... its likely a faked knock off? Which makes me wonder about the 30W control board at FT:

www.fasttech.com/p/3120900

Styled?

[VapingBad]

Well from the document

Defendants’ Mr. Qian wrote in a March 7, 2016 e-mail, “[w]e have fully studied your patent with 22 [sic] claimed rights. How much do you need us pay for each licensed products...?”
87.
Evolv replied as follows in relevant part, “Evolv is not willing to sell or license its patent. We are willing to continue to sell Wismec and Joyetech our boards, and to work with you to fulfill all of your needs [i.e., sell Evolv’s circuit boards in sufficient quantities].

If you go to paragraph 47 Joyetec had a chance to licence in November and did not take it up.

[calnorth]

I saw similar about 7 years ago...in fact I experienced it. It was the knock off of Serial to USB converter devices where the chip was copied along with its driver software for Windows.

That was a China mainland knock off on a Taiwanese chip manufacturer.

www.prolific.com.tw/US/ShowProduct.aspx?pcid=41

I contacted the manufacturer when I detected it, to which they examined and confirmed the knock off. Slight change to the driver to detect the chip uniquely and millions of converters died globally on an upgrade to Win7. Don't think they bothered with court cases as the faker was not resident outside China. Dunno...didn't care?

Sh*t continually happens!

[Get Off My Cloud]

I can't be bothered reading through all that legalese crap.

Which part of the RX200 or any other Joyetech/Wismec devices is claimed to be infringing the patent on the Evolv boards and how?

[calnorth]

Mar 15, 2016 14:45:42 GMT Get Off My Cloud said:

I can't be bothered reading through all that legalese crap.

Which part of the RX200 or any other Joyetech/Wismec devices is claimed to be infringing the patent on the Evolv boards and how?

It must be in a separate technical document. That may need quite some explaining to a court?

[VapingBad]

Mar 15, 2016 14:45:42 GMT Get Off My Cloud said:

I can't be bothered reading through all that legalese crap.

Which part of the RX200 or any other Joyetech/Wismec devices is claimed to be infringing the patent on the Evolv boards and how?

Variable wattage vaporizer control unit, more specifically real-time power control which would explain why YiHi & IPV have never done real-time power control.  There is a lot more detail and I have not read it, but from a brief look it is the control system that monitors current & voltage and contentiously adjust it's self to give stable power under varying conditions.

Patient www.google.com/patents/US8820330

I could be wrong, just a brief look see.

[geordie_vaper]

evolv trying to patent the use of watts and temp control what i have gatherd.

[Get Off My Cloud]

Mar 15, 2016 15:32:49 GMT VapingBad said:

Mar 15, 2016 14:45:42 GMT Get Off My Cloud said:

I can't be bothered reading through all that legalese crap.

Which part of the RX200 or any other Joyetech/Wismec devices is claimed to be infringing the patent on the Evolv boards and how?

Variable wattage vaporizer control unit, more specifically real-time power control which would explain why YiHi & IPV have never done real-time power control.  There is a lot more detail and I have not read it, but from a brief look it is the control system that monitors current & voltage and contentiously adjust it's self to give stable power under varying conditions.

Patient www.google.com/patents/US8820330

I could be wrong, just a brief look see.

So it's a process patent that's being infringed rather than a design one?

[VapingBad]

Mar 15, 2016 15:37:49 GMT Get Off My Cloud said:

Mar 15, 2016 15:32:49 GMT VapingBad said:

Variable wattage vaporizer control unit, more specifically real-time power control which would explain why YiHi & IPV have never done real-time power control.  There is a lot more detail and I have not read it, but from a brief look it is the control system that monitors current & voltage and contentiously adjust it's self to give stable power under varying conditions.

Patient www.google.com/patents/US8820330

I could be wrong, just a brief look see.

So it's a process patent that's being infringed rather than a design one?

The functionality & control process hardware and software I think, not particular parts of a circuit.

Mar 15, 2016 15:34:20 GMT geordie_vaper said:

evolv trying to patent the use of watts and temp control what i have gatherd.

Well the real-time power control is needed for temp limiting, they are not trying to patient it they did that in 2001-12 when they were the only people with this tech or even using Watts, they are just trying to enforce it now.

[calnorth]

From the complaint

65. Upon information and belief, the circuit board included in the Cuboid
was copied by Joyetech China, which reverse engineered Evolv’s DNA® 200
circuit board.

pfft!