FOR IMMEDIATE RELEASE
September 22, 2003
Smart Parts Website:
www.smartparts.com
Indian Creek Design Website:
www.icdpaintball.com
Indian Creek Design, Inc. and Smart Parts, Inc. Settle Patent Litigation
September 22, 2003
Smart Parts, Inc. (³Smart Parts²) and Indian Creek Design, Inc. (³ICD²)
today announced the signing of a Settlement Agreement and Consent Decree
which brought to a close their litigation over Smart Parts¹ electronic
paintball gun patents.
ICD has agreed to pay an undisclosed sum of money in settlement of the
litigation brought against it by Smart Parts in November 2002 in the United
States District Court for the District of Oregon. ICD has further agreed to
only sell electronic paintball guns constructed pursuant to a license from
Smart Parts.
A partial summary judgment ruling earlier this year found ICD to infringe
all but one of the claims of Smart Parts¹ U.S. Patent No. 6,474,326 B1
through the manufacture and sale of its electronic paintball guns, and
denied most of ICD¹s affirmative defenses and counterclaims. According to
the terms of the Consent Decree, ICD¹s remaining affirmative defenses and
counterclaims, which relate to its allegations of invalidity and
unenforceability, are also denied.
Smart Parts owns several issued patents and pending patent applications
related to the use of electronics in the control and operation of paintball
guns. These include, for instance, U.S. Patent Nos. 6,474,326 B1;
6,035,843; 5,967,133; and 5,881,707.
Angel IR3s, Speeds and A4s dont have a switch for the trigger they have a light sensor and a laser.Originally posted by Philip
All the companys should stop using switches an use magnets, and tell everyone to use a 9v 'cell'
Originally posted by Andy-Yorkshire-Paintball
I think you are all missing the point. The point is that Smart Parts appear to have patented an idea which was around well before smart parts themselves. This surely makes their patant invalid.
Here is a quote given to me
Andy ypc re-smart parts patents.
andy read your thread on the p8 forums re- smartparts patents.
did you know that browning has had a patent for the electronicaly assisted trigger for a hand held firearm of any kind since 1977.cant post on p8 so thought i'd mention it here.
Remember the likes or Indian Springs, National Paintball Supply (NPS), Dye etc were not involved in Paintball from the start. It may be that they have never heard of the Sabot Cannon.
The only companies around as I recall at that time were;
Survival Game (manufacturers of the Splatmaster)
Nelspot
Line SI (Bushmaster)
Component Concepts (Phantom)
Now don't get me wrong, I am talking from a UK point of view, it may be different in the US. I have no issue with the ethics involved if Smart Parts are in the right. If they are then as I said before, it's just good business and good luck to them. If Smart Parts pull it off, then it doesn't matter how many people boycot them, they can give up on paintball and lie on a beach sipping cocktails as the money rolls in.
Back to the point.
1) Were Smart Parts aware of the Sabot Cannon when thay applied for a Patent on an electronic paintball marker.
2) A search must have been done and the manufacturers of the Sabot Cannon obviously didn't object (or even know of the search)
3) With the fact of a production electronic paintball marker available prior to Smart Parts even setting up their company would this invalidate the Patent (It would in the UK)
4) Did the likes of Dye, NPS, Indian Springs even know of the existence of an electronic marker prior to the Smart Parts Patent (remember they wern't around then) and if they did, would it have effected their decision to come to a deal with Smart Parts.
Some people will say "well of course they would have known", but hold on. Paintball is an industry of young people. How many people on here though Smart Parts were the first electronic marker with the Shocker.
Sometimes the most obvious things are overlooked and it may be that the above mentioned companies really didn't know.
There is a famous story that illustrates this. Swan Vesta (the company that makes matches) were told by one of their employees of how they could save £50,000 per year on their manufacturing costs. They couldn't think of a way and asked him how. He said, "Just put the sand paper on one side of the box". Simple but overlooked.
It's like the current problem with netting at competitions and stray paintballs. I have a simple solution that will save tournament organisers a fortune and keep spectators in perfect safety. It's simple but overlooked as most organisers copy the last tournament they went to.
Andy
Ok its thread jacking time!Originally posted by Andy-Yorkshire-Paintball
It's like the current problem with netting at competitions and stray paintballs. I have a simple solution that will save tournament organisers a fortune and keep spectators in perfect safety. It's simple but overlooked as most organisers copy the last tournament they went to.
Andy
i have (somewhere at my parents house) a copy of a book titled 'paintball: combat adventure sport' or something similar by richard (i think its richard) cooke. which i think is dated early 80's and in that book are several pictures and a description of the sabot as well as pics of the mess it can make, iirc it throws 40 balls in one shot!Originally posted by Hatts
Yes there are several models still in existance all based around a similar design and on display in the Paintball Museum at the EMR site in Pensylvania (which is a great site if you ever get chance to visit).
There is at least one article I can think of in an old paintball mag I have lying around somewhere that is possibly pre-1990, certainly pre-'93.
Not sure who was behind it's creation but it'll probably have it in the article I imagine.