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BE sues HALO

Beaker

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Jul 9, 2001
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FOR IMMEDIATE RELEASE
Odyssey Sued For Patent Infringement

Bentonville, AR, March 7, 2002 – Brass Eagle Inc. (NASDAQ: XTRM) has filed suit against Texas-based Odyssey Paintball Products, LLC for infringement of a Brass Eagle Inc. patent covering a motorized, active feed paintball loader. The suit was filed in federal court in Greenville, South Carolina. Also named as defendants in the suit are Greenville-based wholesale distributor Paintball, Incorporated, and local paintball retailers Axis/1st Shot Paintball and 111 Paintball.

The Brass Eagle patent – US 5,816,232 – covers Brass Eagle Inc.’s popular VIEWLOADER EVLUTION and VIEWLOADER REVOLUTION electronic feeder loaders. Odyssey’s recently introduced HALO active feed loader is the accused product in the suit.

Brass Eagle Inc. has asked the court to enjoin all of the named defendants from selling HALO loaders, and to award it damages for their infringement. In addition, Brass Eagle Inc. has asked the court to find Odyssey liable as a willful infringer, and to assess treble damages and attorney fees against Odyssey.

“Brass Eagle Inc. has a substantial investment in intellectual property rights covering innovative products, and intends vigorously to protect that investment by taking action against imitators who violate those rights,” said Brass Eagle Inc. President Lynn Scott. “We are confident in our legal position, and fully expect to prevail,” he said.

Brass Eagle Inc., based in Bentonville, Arkansas, is the leading designer, manufacturer, marketer and distributor of paintball products, including markers, loaders, paintballs, apparel and related accessories. For complete information about the VIEWLOADER line of electronic loaders, please visit www.viewloader.com.

Certain statements in this press release (including statements containing the words "expect," "will," "believe," "continue," “anticipate,” "could," "intend" and similar words) may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of Brass Eagle, its industry or others to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Important factors that could cause actual results to differ materially from Brass Eagle's expectations include the following: (1) Intensifying competition, including specifically the intensification of price competition, the entry of new competitors and the introduction of new products by new and existing competitors; (2) Failure to obtain new customers or retain existing customers; (3) Inability to carry out marketing, sales or other business plans and strategies; (4) Loss of key executives; (5) General economic and business conditions which are less favorable than expected; and (6) Unanticipated changes in industry trends.

Rico's all the way :D
 

jynxfactor

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Alright I'll start this one.

This is a bunch of nonsense. If BE was is going to do this they should have started this back when the Rico and the Zap whateverthehellitiscalled came out. Now that there is a loader that is actually capable of beating theres hands down (sorry rico users but it is basically and ugly rev) they start to wine.

BE grow a backbone and improve your own equipment. So what, your Evalution loader failed and the Halo succeded, go back to the drawingboard and give us somthing that works!!
 

John Molloy

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Jan 9, 2002
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Amen to that Jynxfactor I currently use a Rev but am having a Halo delivered soon and will have an oppertunity to see one in action (I think) they also look a lot better than the E-volution
Can't see why they didn't try this with the Rico though not bad loaders from what I hear.......:rolleyes:
 

Beaker

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The patent they are protecting is really for their Evolution.

It was (roughly) for a recessed area at the bottom of the loader with collects the balls and puts them into the feed neck. That is bascially exactly what the HALO does so therefore infringes their patent. For some reason they haven't pulled out the patent about using an eye.

Now the Rico uses a reed switch and not an eye so doesn't have any common ground with the Rev/Ev. The Zap one uses vibration - again, no similarity.

And it is NOTHING to do with whether a product is better or worse than any other. Patent law is purely about interlectual rights.
 

Simon Malone

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OUCH, and somehow I think BE are going to have the funds to take this all the way:(

I didn't think much of the HALO anyway, it's so god damn heavy, and I can't fire that fast anyway. Buy either 12v or Rico, both are good products and do the job.

Simon
 
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beaker correct me if im wrong, but doesnt the Rickochet series of loaders use a "bend sensor", not an eye, and thats why the issue hasnt been raised.
i cant honestly say i know what one is, but i dont think its a light dependant sensor, more likely a sensor physically moved by the passing of a ball through it.
 

Beaker

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The Rico uses a bend sensor which sticks out into the hopper neck. every time a ball passes it bends the sensor which activates the motor.

So it agitates with every ball fired
 

Buddha 3

Hamfist McPunchalot
I've never used a Rico, so correct me if I'm wrong, but doesn't that system mean that in the (unlikely) event of there being a jam (let's for argument's sake say two balls are blocking the feed neck), the agitator wouldn't do anything? No ball passes, so no spinning of the spinny thing! Seems a bit odd to me.
 

Gee - Team No Hope

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Well to take my angel as an example.

The feed tube holds 5 balls and the reed sensor sits between the 4th and 5th ball. So there is all-ways a ball to trip the sensor. For it to jam it would need to jam in such a way that when ball 5 drops (to where ball 4 is), the agitator is unable to move, in which case your stuffed regardless of which type of agitator you use.

The agitator (unlike the rvvy) doesn't spin when there is no paint left in the hopper, but thats what the ammo counter warning is for.

The only problem with the rico is when you first get it since you need to get the height right so that the reed switch sits between two balls, but that only takes about 5 mins to sort out.