Evolv take legal action on Joyetech/Wismec

[nanotm]

evolve are taking a risk that their patent will be tossed out or that the courts will value the licence down at $0.01, it might of been prudent for them to enter into a licensing agreement with a low value from the start (say around the $1.00 mark) and avoid the unnecessary legal complications

and their position is obviously not very strong or they would of taken out an injunction to prevent further sales from the outset, seeing they failed to do that they don't expect to win very much given how other tech companies have faired in patent disputes recently there effectively wasting money on legal pursuits that they cant hope to make back ....

[monty]

Agree with nanotm. A dollar a pop would have been the sensible way to go. But I basically disagree with patenting an existing technology for use in ecigs. If evolv succeed they may well be sued themselves by the guy/company who bought the patent for ecigarettes and serves 'em right.

[VapingBad]

I could be wrong but I don't think it was an existing technology, I could be wrong but from my brief reading of the patient I can't think of anything that is adjustable and continuously regulates power only using the same connections the power is supplied on. For anything not a e-cig it is just too much effort and expense it would have always been easier and cheaper to use a separate sensor. There are plenty of existing voltage or current regulation designs but that is completely different. As are mods that just measure the ohms and then set the voltage to provide the required power without any dynamic adjustment. I could be wrong and the patient may be further reaching and cover all VW e-cigs and no one else had that at the end of 2011, but it is a utility patient not a design patient so it is about the feature and not hardware or software.

According to the document Evolv offered to licence it to JoyTech many months ago and JoyeTech did not take them up on it. Both sides would have probably taken expert advise on the mater since and now JoyTech wants to pay a licence, but Evolv either believe they better off going for an injunction or were just fed up with the way it was being handled. Tanking something to court is always a gamble, but both sides who should know far far more about it than us seem to believe Evolv have a very strong case.

But internet speculation means nothing, VW being on most devices now means nothing, it's the California Courts that will decide.

[tim]

I didn't think you could patent an idea unless you could prove it works VapingBad . It has to be something tried and achieved. So, unless there are copyright issues, who did what?

I haven't the bother right now to read it all, so I may well be wrong though.

However, perpetual motion has never been patented.

Or "Flat Earth" for that matter

[VapingBad]

While I understood every word in your post tim, the meaning of it completely escapes me

Seriously don't have a scooby what you are trying to say.

[tim]

Mar 21, 2016 1:15:33 GMT VapingBad said:

While I understood every word in your post tim , the meaning of it completely escapes me

Seriously don't have a scooby what you are trying to say.

No worries. I'm having a bad time. Delete and forget.

Soz

[VapingBad]

No worries tim, chin up, worse things happen at sea so they say.

[tim]

Maybe they do VapingBad. Glad I'm not at sea.

[nanotm]

Mar 19, 2016 23:53:48 GMT VapingBad said:

I could be wrong but I don't think it was an existing technology, I could be wrong but from my brief reading of the patient I can't think of anything that is adjustable and continuously regulates power only using the same connections the power is supplied on. For anything not a e-cig it is just too much effort and expense it would have always been easier and cheaper to use a separate sensor. There are plenty of existing voltage or current regulation designs but that is completely different. As are mods that just measure the ohms and then set the voltage to provide the required power without any dynamic adjustment. I could be wrong and the patient may be further reaching and cover all VW e-cigs and no one else had that at the end of 2011, but it is a utility patient not a design patient so it is about the feature and not hardware or software.

According to the document Evolv offered to licence it to JoyTech many months ago and JoyeTech did not take them up on it. Both sides would have probably taken expert advise on the mater since and now JoyTech wants to pay a licence, but Evolv either believe they better off going for an injunction or were just fed up with the way it was being handled. Tanking something to court is always a gamble, but both sides who should know far far more about it than us seem to believe Evolv have a very strong case.

But internet speculation means nothing, VW being on most devices now means nothing, it's the California Courts that will decide.

I rather suspect the only new thing evolve did was put it on a custom made pcb, its an identical monitoring process used in mobile phones and all sorts of other "tech" devices, albeit on a different scale.

their rush to court is about claiming damages but unless they can prove they are able to produce the high numbers of boards to cover the devices sold to date they will fail, and they were copied exclusively because they don't have the output capacity ....

[VapingBad]

Mar 21, 2016 14:12:55 GMT nanotm said:

Mar 19, 2016 23:53:48 GMT VapingBad said:

I could be wrong but I don't think it was an existing technology, I could be wrong but from my brief reading of the patient I can't think of anything that is adjustable and continuously regulates power only using the same connections the power is supplied on. For anything not a e-cig it is just too much effort and expense it would have always been easier and cheaper to use a separate sensor. There are plenty of existing voltage or current regulation designs but that is completely different. As are mods that just measure the ohms and then set the voltage to provide the required power without any dynamic adjustment. I could be wrong and the patient may be further reaching and cover all VW e-cigs and no one else had that at the end of 2011, but it is a utility patient not a design patient so it is about the feature and not hardware or software.

According to the document Evolv offered to licence it to JoyTech many months ago and JoyeTech did not take them up on it. Both sides would have probably taken expert advise on the mater since and now JoyTech wants to pay a licence, but Evolv either believe they better off going for an injunction or were just fed up with the way it was being handled. Tanking something to court is always a gamble, but both sides who should know far far more about it than us seem to believe Evolv have a very strong case.

But internet speculation means nothing, VW being on most devices now means nothing, it's the California Courts that will decide.

I rather suspect the only new thing evolve did was put it on a custom made pcb, its an identical monitoring process used in mobile phones and all sorts of other "tech" devices, albeit on a different scale.

their rush to court is about claiming damages but unless they can prove they are able to produce the high numbers of boards to cover the devices sold to date they will fail, and they were copied exclusively because they don't have the output capacity ....

There are no heating elements in a mobile phones, lots of patients though.   There are no PCBs or circuit schematics in the patient, it is a utility patient not a design patient.