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SP -v- AKA

Collier

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Team Ecstasy

Originally posted by Twizz 69
just to say we are the smart parts factory team, and i hope people are not against us, as this is about smart parts in the U.S.A AND NOT SMART PARTS EUROPE, so please don't give my team a hard time as its nothing to do with us!!

thanks, and a happy christmas to you all
Nothing against you guys in the slightest! :)

Paul
:)
 

Collier

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Originally posted by Rabies
It is possible that this particular press release actually heralds good news for paintball. Smart Parts' current racket is old news, but what has been lacking so far is a company with the resources or the willing to actually stand up the the claims and get the suit thrown out, and hopefully the patent with it.

It has been demonstrated by many people that there is too much prior art to this patent for it to have any serious validity, but it is very expensive to fight patent suits and it has been beyond the resources of smaller companies to try (in fact, acting as one company in isolation, it may actually work out cheaper to comply and sign up to SP's terms than to fight a suit and win it.)

AKA, by indicating they will not just roll over, are acting bravely, and for the good of paintball as a whole, even though it will most likely cost them a shedload in lawyer's fees. Unfortunately, their life will be made difficult by the fact that patent has already been enforced in other cases (although I'm not sure how important that is if they were out-of-court settlements.) Either way, all it takes is one company with a bit of guts and a load of cash to prove that the patent in question should never have been granted. Is AKA our knight in shining armour?
AKA aint that big, least not paintball wise, I'm not sure about the other side of the business (leads metal products).
This could go one of two ways;
A. AKA wins (yey:D) Patent is thrown out AGD, WGP, WDP etc breathe a sigh of relief.
B. AKA Loses (BOOO:mad: ) This case sets a president the above companies start to fill their trousers or rather SP's pockets.

Paul
:)
 

Parksy

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Oct 27, 2002
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I would like to think then Paul that some of those companies who have not yet had to deal with SPs' tactics would 'quietly contribute' towards there stand :) Although it is beyond me already why some of the larger firms have not got together at the start of all this to contest there claims legitimacy :(
 

Collier

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Originally posted by L1f3
I would like to think then Paul that some of those companies who have not yet had to deal with SPs' tactics would 'quietly contribute' towards there stand :) Although it is beyond me already why some of the larger firms have not got together at the start of all this to contest there claims legitimacy :(
As posted by Tom Kaye over at Automags.

Originally posted by AGD
I will play devil's advocate here, THIS IS NOT THE OPININON OF AGD!

Why would anyone care if they lost this suit? Why would any self respecting paintball company lay out hard cash to win this? Half the companies have rolled over all ready. After all, if everyone is paying then the only person who is REALLY paying is YOU!

As long as everyone is on a level playing field thats all that matters UNLESS the consumers don't like it. It sure doesn't seem like any lawsuits have hurt any sales lately.

NOT MY OPINION ONLY A PERSPECTIVE.

AGD
 

Itchy

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Originally posted by Bolter
The frikkin guys that made the splat guns for marking animals or trees in the first place should take SP to court fo making paintball guns like they are the first to do so.
Angry Bolter
No can do - patents are only good for 20 years, so any on the original markers are quite dead.
 

Mario

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Sep 25, 2002
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How can a company sue for patent infringement when there is definite prior art? Also does this patent not get in the way of technology which is in essence the one thing a patent can not do?! To be honest the american patent system must suck ass...

Good luck to AKA were all rooting for you.

on a side note i know of another company who are preparing a defense against sp.
 

stongle

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Aug 23, 2002
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Ok,

try and keep the level of debate on this subject down to acceptable levels, we'll have no death threats, no Nazi symbolism and a little more reasoned debate from the more errrr vociferous quarters if you please.

And if anybody understands the vagaries of US Patent law, prior art and Intellectual property your input would be most welcome, because I do not believe that the US and UK legal systems view this in the same light. I mean if SP actually have the Patent, or own the Intellectual Property of the electro trigger / switch patent thingamabob, they do have (it appears), a legitimate legal claim I mean if they "legitimately" acquired the intellectual rights, it's merely good business sense surely?.

Some may feel it is a morally ambiguous situation, I'll give you that, but I do believe that AKA will have an uphill battle on their hands, especially as I believe previous rulings and precedent DO have significant bearing in US Law (I could be wrong feel free to correct).

I mean I do sometimes think rational thought gets lost on this issue, but since playing Paintball ain't putting food on the table for anybody (bar the one person who's getting paid 50k USD, which ain't exactly a shed load anyway), and cold hard Benjamin's are all that's in it for the companies, this appears to be purely a business matter.

Same with the Dynasty switch, if it meant paying for your balling, medical, and the fact that you stand to benefit from royalties and more say over the product, who wouldn't more? C'mon it's not as though the Gardners have been sleeping with your sisters or anything (or if they are I s'pose you may have legitimate gripe).

Some of you do feel emotive so goody gumdrops, but please keep it reasoned. Oh and if I receive any dead horses heads in the post, I'll find you...........
 

Collier

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Originally posted by stongle

Some may feel it is a morally ambiguous situation, I'll give you that, but I do believe that AKA will have an uphill battle on their hands, especially as I believe previous rulings and precedent DO have significant bearing in US Law (I could be wrong feel free to correct).
Up to now as far as I know/heard of no company has actually challanged the Patent infringment issue.

Any chance this thread and the one I started in A&Q can be merged?

Cheers.

Paul.
:)