WP25/40 No more?!

[joshlawless]

How would customs catch it? It is a box inside a box. I highly doubt customs is checking every item to see if a patent law is being broken.

They ABSOLUTELY WILL NOT BE STOPPED AT CUSTOMS. For that kind of injunctive relief, a company has to WIN A LAWSUIT in a COURT OF LAW.

As far as I can see, all that has happened so far is that Tunze has sent threatening letters to various vendors claiming 1) that they have a valid patent that 2) is infringed by the WP-40. Both of these would have to be established in a trial (or administrative proceeding, for the ITC) before they could expect the US government (customs) to start seizing shipments.

 

[slief]

If this is true someone called tunze and complained about the wp40 look alike...

LOL.. Do you really think Tunze has blinders on and doesn't pay attention to the competition? So much so that they need somebody to point it out? Tunze does not live in a complete vacuum and I'm sure it didn't take somebody pointing it out for them to realized their patents had been infringed upon.

 

[mayjong]

better order a couple now, then!

 

[Psionicdragon]

Sounds like a hoax...I still see them on EBay....

 

[joshlawless]

Sounds like a hoax...I still see them on EBay....

No, Tunze probably did have their lawyers send threat letters to the US vendors, claiming infringement of Design Patent # D567821. What vendor wants to risk the cost of defending a patent suit? It's easier to just pull the product.

Design patents are cheap and easy to get, largely because they provide very little patent protection. They only prevent someone from making a product that looks substantially the same as the one in the design patent illustrations. They don't protect the function of a pump, and to the extent any of the design features are functional instead of ornamental (e.g., the design of the cage surrounding the impeller might be functional - letting in water and not snails), then the patent provides no coverage for those features.

Essentially, Tunze was either to cheap to file for a proper patent, or they knew that they couldn't get one because they didn't INVENT anything, so they got a design patent, and are waving it around like it's worth more than the paper it's printed on, trying to scare all the US vendors out of carrying a competing product.

To the extend that Jebao wants to design-around the patent, all they have to do is change the appearance of the pump (new cage design), and they're home free.

 

[Khemul]

I'm not even sure a win in the courts would completely stop Fish Street or eBay sales.

Just put "Aquarium water pump" as the item, declare a value and you're set. eBay...yeah there is no stopping that.

 

[Psionicdragon]

No, Tunze probably did have their lawyers send threat letters to the US vendors, claiming infringement of Design Patent # D567821. What vendor wants to risk the cost of defending a patent suit? It's easier to just pull the product.

Design patents are cheap and easy to get, largely because they provide very little patent protection. They only prevent someone from making a product that looks substantially the same as the one in the design patent illustrations. They don't protect the function of a pump, and to the extent any of the design features are functional instead of ornamental (e.g., the design of the cage surrounding the impeller might be functional - letting in water and not snails), then the patent provides no coverage for those features.

Essentially, Tunze was either to cheap to file for a proper patent, or they knew that they couldn't get one because they didn't INVENT anything, so they got a design patent, and are waving it around like it's worth more than the paper it's printed on, trying to scare all the US vendors out of carrying a competing product.

To the extend that Jebao wants to design-around the patent, all they have to do is change the appearance of the pump (new cage design), and they're home free.

True, but without knowing who "received" the letter, it doesn't provide much "proof" that a lawsuit is out and about.

Agree with the designer patent remarks.

 

[joshlawless]

better order a couple now, then!

Probably a good idea - once fish street sees how little online competition there is, they'll likely bump the price 15-20%, since people will be willing to pay it.

 

[sirreal63]

To the extend that Jebao wants to design-around the patent, all they have to do is change the appearance of the pump (new cage design), and they're home free.

They would also have to change the magnetic mount, US Patent No: 7,850,134
http://www.patentbuddy.com/Patent/7850134

 

[joshlawless]

True, but without knowing who "received" the letter, it doesn't provide much "proof" that a lawsuit is out and about.

A safe bet would be -- every vendor who's pulled the WP-40 from their lineup.

Would like to see someone post the threat letter -- ESPECIALLY if it has some bullsh*t in it about how the content is protected (e.g., by copyright, or atty/client privilege) and can't be copied or posted. That always cracks me up when law firms try to pull that.

 

[flamron]

How would customs catch it? It is a box inside a box. I highly doubt customs is checking every item to see if a patent law is being broken.

They X-ray the package just like we do at work. Pretty detailed and non-invasive. Wouldn't be hard to flag certain ship from addresses and then take the time to scan them.

 

[joshlawless]

They would also have to change the magnetic mount, US Patent No: 7,850,134
http://www.patentbuddy.com/Patent/7850134

The claims for the Tunze magnetic mount require that one of the sides have "a plurality of elastically deformable holding cups." Haven't seen a photo of the Jebao magnetic mount to know whether it would meet this (and every other limitation), but it's clear that Tunze doesn't have a patent on holding things with magnets (e.g., Vortechs, algae scrapers, pH probe mounts, dosing tube mounts, etc., etc.)

 

[sirreal63]

There is a good pic on the main WP40 thread. It would be nice to see it at least blocked from distribution in this country but as always you never know what will happen until it happens.

 

[joshlawless]

It would be nice to see it at least blocked from distribution in this country

Only if Tunze is entitled to that monopoly. If they're relying on the magnet mount patent for their monopoly, I reserve judgment. But if the threat letter just leans on the design patent, then they're not entitled to a monopoly, and should not enjoy one.

"f the patented design is primarily functional rather than ornamental, the patent is invalid. However, when the design also contains ornamental aspects, it is entitled to a design patent whose scope is limited to those aspects alone and does not extend to any functional elements of the claimed article." Richardson v. Stanley Works, Inc. 597 F. 3d 1288, 1294 (Fed. Cir. Mar. 9, 2010) (internal citations omitted).

 

[sirreal63]

One thing is certain, it won't be solved in this or any thread.

 

[ganjero]

Who is "We"?

The People

 

[daytek]

Looks like its all over guys.the Hong Kong and Chinese police Now have Jebao Sniffer Dogs stopping all shipments getting out of the country

 

[SimonSKL]

Can someone post a copy of the cease and desist letter from Tunze? The name of the recipient can be blocked out.

 

[joshlawless]

The name of the recipient can be blocked out.

It doesn't need to be. There's nothing wrong with publishing a letter someone sent to you - there's no claim for copyright in non-creative works (e.g., threat letters), and there's no privilege to claim.

But yes, I want to see it too. I'm guessing it's from Tunze's IP counsel in Michigan, Young Basile Hanlon & MacFarlane P.C.. It's probably very scary, and sternly worded, and includes a deadline by which compliance is expected, and is entirely full of sh*t, since their design patent is worthless. The fact that Young Basile prosecuted that worthless patent for them (really, guys? you recommended a design patent?) doesn't speak highly of their legal prowess, but it doesn't take much legal skill to shake down small proprietorships.

 

[sharkkingpin]

Looks like its all over guys.the Hong Kong and Chinese police Now have Jebao Sniffer Dogs stopping all shipments getting out of the country

German shepherd special trained by ecotech :lolspin: