Smart Parts in the Dock maybe?

[Mark]

Source

SMART PARTS SUED

5 DISTRIBUTERS IN WISCONSIN ALSO CHARGED

NPF LIMITED, PARENT COMPANY OF WDP RESPONSIBLE FOR SUIT.

SMART PARTS IN VIOLATION OF PATENT;

CEASE AND DESIST;


CLICK HERE FOR FULL DOCKET

US DISTRICT COURT WEST. DIST. OF WISCONSIN CASE NUMBER 04-C-0221

Note: below text accurate but bridged for constraints.

Plaintiff NPF limited files this complaint against Smart Parts Paintball; 5 Wisconsin dealers/retailers.

Count 1- Infringement of US PATENT 6,311,682

November 6th 2001 - Patent issued

Plaintiff NPF owner of right , title , interest

Smart Parts and defendants manufacture,use,offer to sell, sell, paintball guns that infringe claims of said patent;inlcuding paintball guns sold under the Shocker and Impulse names.

Infringement by Smart Parts has caused NPF injury including lost sales of products, lost profits, lost royalties, and other damage. the injury to NPF is continuing.

Count 2 - Infringement of US Patent number 6,615,814

NPF is also the owner of the above patent.


NPF demands a jury trial.


NPF requests that this court orders SP and defendant dealers for destruction of all products infringing on both patents including incomplete guns (IE grip frames) and complete guns.

NPF requests that SP is preventing from further acts of infringement.

Award NPF its damages 3x the amount including lost profits, pre judgement interests, post judgement interests, and costs.

NPF also requests that SP and defendants award NPF for attorney and court fees.

SP has 20 days to respond/reply.

If they fail to do so, judgement will be taken on the above complaints.

Full Docket

 

[Furby]

Looks like we got ourselves a full on legal battle brewing....

 

[Tyger]

Smart Parts and defendants manufacture,use,offer to sell, sell, paintball guns that infringe claims of said patent;inlcuding paintball guns sold under the Shocker and Impulse names.

That explains why they're going after paintball STORES.

Apoc & Stalker are fields that run stores. Tri-City is a store only. They stock SP stuff. Now why they went after only them, and not the rest of the stores in the Wisconsin area is a mystery. That makes no sense to me. If you're gonna blanket lawsuit, you use as big a blanket as you got.

When the dust settles, we'll see who's doing what with whom....

-Tyger

 

[John C]

Looks like Smart Parts have been naughty boys.

Im not sure of the relevance of those particular stores, that will become clear I imagine.


Personally I would like to see them strung up, but if they just lose their livelihood then it would be a fitting punishment for what they have done to others and enough for me

 

[Steve Hancock]

Taste of there own medicine

 

[Equus]

Heh..

Although smartparts own the rights to all electronic markers, NPF apear to own all the rights to plugging them into anything or modifying any settings on the gun..

Nice move NPF.

It's like patent chess in the high courts.

 

[Bolter]

they are sueing for...

What is claimed is:

1. A pneumatic paintball gun comprising:

means for electronically monitoring one or more parameters of the pneumatic paintball gun's operation;

a display for displaying the one or more parameters;

a timer; and

an alarm selected from the group consisting of audible devices and vibrators.

2. A pneumatic paintball gun as claimed in claim 1 wherein the one or more parameters of the pneumatic paintball gun's operation is selected from the group consisting of actual rate of fire and maximum rate of fire of the pneumatic paintball gun.

3. A pneumatic paintball gun as claimed in claim 1 wherein the means for monitoring one or more parameters of the pneumatic paintball gun's operation is selected from the group consisting of; temperature sensors, gas pressure sensors, means for detecting actual shots fired, battery charge sensors, dwell time controllers, rate of fire sensors, and combinations thereof.

4. The pneumatic paintball gun of claim 3 further comprising means for controlling the one or more parameters of the pnuematic paintball gun's operation.

5. The pneumatic paintball gun of claim 3 further comprising a microprocessor for controlling the one or more parameters of the pnuematic paintball gun's operation.

6. A pneumatic paintball gun as claimed in claim 1 including at least one input button.

7. A pneumatic paintball gun as claimed in claim 6 wherein the at least one button is located behind a plate which requires detaching to gain access to the button.

8. A pneumatic paintball gun as claimed in claim 7 wherein the plate is selected from the group consisting of anti-tamper and tamper-indicating plates.

9. A pneumatic paintball gun as claimed in claim 1 wherein the display is an LCD panel.

10. A pneumatic paintball gun comprising:

means for electronically monitoring one or more parameters of the pneumatic paintball gun's operation;

a display for displaying the one or more parameters; and

communication means for communication with an external unit.

11. A pneumatic paintball gun as claimed in claim 10 wherein the communication means is selected from the group consisting of infra-red transmitters and infra-red receivers

 

[Skeet]

Hmmm....so they are a bit buggered then!! Cool...what goes around comes around and all that

 

[Rabies]

I don't see how that patent covers anything that SP makes, sells or supports:

1. A pneumatic paintball gun comprising:

means for electronically monitoring one or more parameters of the pneumatic paintball gun's operation;

a display for displaying the one or more parameters;

a timer; and

an alarm selected from the group consisting of audible devices and vibrators.

Note that the patent covers a gun that has a display, and a timer, and an alarm.

Every other claim in the patent derives from that, except for claim 10:

10. A pneumatic paintball gun comprising:

means for electronically monitoring one or more parameters of the pneumatic paintball gun's operation;

a display for displaying the one or more parameters; and

communication means for communication with an external unit.

Again, doesn't sound like anything SP does.

The other patent is equally irrelevant, since SP doesn't make or support any means of connecting their markers to external equipment.

Are WDP likely to get anywhere with this, or are they just firing a warning shot across SP's bows?

 

[dr.strangelove]

Hmm, you may have something there, with the AND. I notice everything else is separated with semicolons, but then at the end there's that AND. Of course, I doubt WDP would file a lawsuit unless they were pretty certain of some kind of violation.

Oh, and "electronic monitoring of one or more parameters" could include, for example, anti-chop eyes.

Would be funny for WDP to beat SP at their own game, eh? And notice how WDP isn't going after anyone else who blatantly infringes on these exact same patents (i.e., Bob Long, ICD, etc,.)? Hope they're able to do it.