Smart parts lost there court case.

[plushdragon]

http://www.68caliber.com/news/industry/story04341.php
wdp won,looks like there paten for e-markers is gone.REAd the last 4 pages looks like the judge forward the case to the paten office for review.looks like that paten going to be overturned.

[DirtMcgirt]

I was just about to post this.

its about time SP got what they deserve. now things can get back to normal after nearly three years of BS.

[DirtMcgirt]

http://furby.pbcproductions.com/opinion.pdf

http://furby.pbcproductions.com/order.pdf


check these out.

[f2f4]

Heh. Nice.

[sain]

sounds cool i only read the first page of the ones Dirt posted.

[LAMANTEthePBguy]

I'll sum it up. Hensel invented the shocker's circuit board and other thing SP (the gardner bros and Pnue Ventures) lay claim to. Pnue Ventures and SP were working together to make the elecro pnuematic gun. Hensel was a former employee. Since Hensel never signed a shareholder agreement, he did not have to hand over intellectual property to Pneu Ventures. WDP bought the idea from Hensel for $50,000. SP = :tdown:

Thats as far as I read, feel free to add or correct me.

[Gripy]

good thing now the prices of electros will go down, cause SP won't have a monopoly on it.

[Lopez17]

Originally posted by LAMANTEthePBguy
I'll sum it up. Hensel invented the shocker's circuit board and other thing SP (the gardner bros and Pnue Ventures) lay claim to. Pnue Ventures and SP were working together to make the elecro pnuematic gun. Hensel was a former employee. Since Hensel never signed a shareholder agreement, he did not have to hand over intellectual property to Pneu Ventures. WDP bought the idea from Hensel for $50,000. SP = :tdown:

Thats as far as I read, feel free to add or correct me.

Actually Hensel was never an employee which is why they won. He was a minority shareholder but wasn't entered into a true employee/employer relationship with Pnue, which is significant because it invalidates any claim SP could make as to the enforceability of their claim to purchasing the patent. I loved the transcript of Billy's deposition. Moron. Hensel still owns his patent and while he works for WDP, I didn't see anything saying he sold it to them. What this does now is has the potential to invalidate all the infringement claims SP filed or settled on last year with ICD, National, etc. Theoretically Hensel could sue for damages against SP for collecting $$ on his patent claim. He could probably make a convincing case that he did all the work on the patent and be the sole owner and not the co-owner. I get the impression that this isn't his style though.

All said and done, having a bit of experience in legalese, the judge pretty much wrote an opinion that put the smack down on Smart Parts and claimed that Billy and Adam's claims to inventions were absurd. The burden of proof was so overwhelmingly on Hensel's side it wasn't funny. "Exaggerators" Smart Parts must have a patent on that too... :laugh: :laugh: :laugh:

[alicepack6704]

all I have to say is oh snap SP, you got served b**ch.

[Sno-coneman3]

You guys sound like idiots. "they got what they deserve".... well, if you have a patent, YOU HAVE A PATENT. There is nothing you can do about it. Apparently, this was an awqward case so it turned out differently.

[DirtMcgirt]

Originally posted by Sno-coneman3
You guys sound like idiots. "they got what they deserve".... well, if you have a patent, YOU HAVE A PATENT. There is nothing you can do about it. Apparently, this was an awqward case so it turned out differently.


yeah see the thing is, they didn't have a patent. they lied and cheated so they could corner the industry. there is no way you can defend their motives. this is a victory for the entire industry. Perhaps they should work on improving the quality of their products instead of trying to control the market and force people to buy ****ty products.

[Ghost2867]

with all the stuff being settled out of court, could the past agreements with like AKA, DYE and NPS and all that really be invalidated?

i mean, sure the guy could sue for damages, but could he get those settlements un-done?

[plushdragon]

if you look at pages 20-24 of the judges opion he order the patten office to review smart parts patten.becuase it been shown that smart parts does not own the patten those pb companies can now sue.most of the companies enter into those agrements in good faith.

[autococker ppl]

YES! the magic words ive been waiting to hear! down with SP. wow im glad that that is finally over, way to go WDP!:D ;) :laugh: :blah:

[Ghost2867]

Originally posted by plushdragon
if you look at pages 20-24 of the judges opion he order the patten office to review smart parts patten.becuase it been shown that smart parts does not own the patten those pb companies can now sue.most of the companies enter into those agrements in good faith.
ok, thanks...i didnt read through those pages.

[DirtMcgirt]

Originally posted by Ghost2867
with all the stuff being settled out of court, could the past agreements with like AKA, DYE and NPS and all that really be invalidated?

i mean, sure the guy could sue for damages, but could he get those settlements un-done?


actually no. the agreements they signed will stand no matter what.

[alicepack6704]

Well considering it was a unilateral mistake I guess the other party(not SP) could choose to void the contract.

[winston13579]

Originally posted by alicepack6704
all I have to say is oh snap SP, you got served b**ch.

[Ghost2867]

Originally posted by alicepack6704
Well considering it was a unilateral mistake I guess the other party(not SP) could choose to void the contract.
a signed contract is a signed contract...

i dunno, im not down with all the law stuff, so i wouldnt know.

[Lopez17]

Originally posted by Ghost2867

a signed contract is a signed contract...

i dunno, im not down with all the law stuff, so i wouldnt know.

Contracts are not enforceable in certain situations. When an agreement is signed (such as in this case) and then the patent that the agreement is predicated upon is found to be negligable or void, the contract becomes voidable. The other companies can leave or abscond from that agreement. So in principle, the other companies can now choose to leave the agreements the signed with SP.

[Lopez17]

Originally posted by DirtMcgirt



actually no. the agreements they signed will stand no matter what.

Sorry dude...those agreements won't stand. The agreement is now not necessarily a legally enforceable contract as they are not the sole holder of the patent. It's now considered to be voidable and the other companies can leave or abscond from the agreement. Theoretically a company like AKA could sue for damages for harassing lawsuits.

[Ghost2867]

Originally posted by Lopez17


Sorry dude...those agreements won't stand. The agreement is now not necessarily a legally enforceable contract as they are not the sole holder of the patent. It's now considered to be voidable and the other companies can leave or abscond from the agreement. Theoretically a company like AKA could sue for damages for harassing lawsuits.
seriously?

haha...now all u AKA gun owners cant all brag about how LE ur markers are!! not that i remember anyone bragging about that...

[arson51]

im glad this is over. i wonder where all the guys that said smart parts was justified are?

[Ghost2867]

Originally posted by arson51
im glad this is over. i wonder where all the guys that said smart parts was justified are?
right here...

so what?

[arson51]

oh just some rant. every time i tried to say smart parts wasnt helping paintball, some peeps always swept in and said otherwise. id like to hear their opinion on this too.

[Ghost2867]

i think SP did the right thing in acting on their patent...it was opening up some real business in paintball.

NPF's suing back is something i expected(well, not NPF specifically, but some company hitting back). it all fits in.