all i gotta say is it aint far to hop to taiwan, i could see "Made in Taiwan" on new cartridge's/atomizers
China Court Upholds Ruyan Patent on E-Cigs–Orders Others to Destroy Inventory
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This Could Be Good News! (Me of all people saying that ?).
This Could Produce Some New & Better Designs with E-Cigs with The Manufacturers as Well As Adding In Some More Competition!
Lets Hope for the Better!!!
This Could Produce Some New & Better Designs with E-Cigs with The Manufacturers as Well As Adding In Some More Competition!
Lets Hope for the Better!!!
This is a Magnitude 8 earthquake for e-smoking. Try to "spin" this all you want, but the China court says Ruyan is correct that it owns the patents to the vapor production method behind e-smoking. There might be a "better" vaporizing method that can be used in future products, but there isn't likely to be a cheaper one. So the ramifications of this decision are broad: You can pay Ruyan prices or you can wait for more expensive ultrasonic misters to arise from the ruins of E-Cig.
The Big Boys of Ripoff can pay Ruyan to use its patents, or fold their tents.
And Ruyan deserves the spoils of victory. It's the only company that has been properly testing the devices being sold the public.
The Big Boys of Ripoff can pay Ruyan to use its patents, or fold their tents.
And Ruyan deserves the spoils of victory. It's the only company that has been properly testing the devices being sold the public.
I believe that it will drive the competition out of China, but they will relocate their operations to another country where China cannot legally affect them. Now, if Ruyan were to get that same ruling in U.S. Court, then I would worry.
Ruyan will sue anywhere and everywhere its patents are violated. It filed one suit awhile back against njoy, but I'm note sure if that has been through the courts yet. There was yet another Ruyan patent enfringement suit in the U.S.
Ruyan is here to stay: Welcome to Ruyan America - Home of the Ruyan E-Cigarette
Ruyan is here to stay: Welcome to Ruyan America - Home of the Ruyan E-Cigarette
interesting that they choose to go after cixi e-cig first and not the factory who supplies their arch nemesis: Njoy. They recently had to settle a case out of court with Njoy who brought them to trial for slander. a Ruyan employee had told a casino owner that njoy were black market knock offs of their devices. Njoy presented their pending patent which they had recently filed in which they argue a different design and concept to similar patents already already listed. Ruyan were flummoxed. Maybe the n'er will be next. there's sure to be a few sweaty palms in e-cigville tonight.
I have long wondered and asked why Ruyan had not dominated the market more and why they they don't pursue infringement on their patents. I half-thought that perhaps their patent did not amount to anything or perhaps they were even behind some of the generic factories. They show very high profits in their annual reports but you rarely hear anyone owning one, bar the odd reviewer. their cigar sells but all that profit can't be just from cigar sales. I did feel sorry for them. They originated the concept but were out-sold by all. not sorry enough to buy one though.
maybe cixi e-cig will sell them on their trademarks if they ever owned any to recoup a little. having just set-up shop in Las Vegas - it must be some blow. You have to wonder what's behind the scenes - whether it was a fair trial or whether someone in Ruyan had an ally in .gov. What will happen next, we will all be waiting to see. manufacturers of the disposable models swear to me that they are a different concept to Ruyan's and that they hold the patent - but they all say that. still, who can really patent a hot wire. Do they all not infringe on the patent for fog-machines.
there are two types of patents I was told - design patent (how it looks) and technology patents (how it works) maybe Ruyan will only be able to go after the factories which produced a model based on their original pen-style. but they can be made look like anything. so maybe we'll see a blip, a lot of pants being pulled up and a wealth of new factories in eastern europe.
I have long wondered and asked why Ruyan had not dominated the market more and why they they don't pursue infringement on their patents. I half-thought that perhaps their patent did not amount to anything or perhaps they were even behind some of the generic factories. They show very high profits in their annual reports but you rarely hear anyone owning one, bar the odd reviewer. their cigar sells but all that profit can't be just from cigar sales. I did feel sorry for them. They originated the concept but were out-sold by all. not sorry enough to buy one though.
maybe cixi e-cig will sell them on their trademarks if they ever owned any to recoup a little. having just set-up shop in Las Vegas - it must be some blow. You have to wonder what's behind the scenes - whether it was a fair trial or whether someone in Ruyan had an ally in .gov. What will happen next, we will all be waiting to see. manufacturers of the disposable models swear to me that they are a different concept to Ruyan's and that they hold the patent - but they all say that. still, who can really patent a hot wire. Do they all not infringe on the patent for fog-machines.
there are two types of patents I was told - design patent (how it looks) and technology patents (how it works) maybe Ruyan will only be able to go after the factories which produced a model based on their original pen-style. but they can be made look like anything. so maybe we'll see a blip, a lot of pants being pulled up and a wealth of new factories in eastern europe.
Well as far as I can see..... there is now going to be a very long period when it's going to be almost impossible to get any replacement atomizers. This isn't the kind of thing that can be sorted out overnight. I don't think I want to risk making any more on-line payments for atomizers that may never come.
I think that if Ryuan had any teeth as far a patent infringement goes...they would have been jumping all over Njoy etc. ...Patent law in the West is much easier to uphold than in the far
East...The old saying about building a better mousetrap applies here methinks...the mousetrap is still a mousetrap...you can't patent an idea (so to speak) but you can patent a particular way a mousetrap works(Design, Function and Form) ...if we didn't have those laws in place we would be still in the beginning stages of the industrial age..and stuck there...I tend to think that if you can prove your patent is different enough to improve the product and also give credit to "prior Design" ...you should be ok..lets see what happens next with the Chinese Gov't and further court cases.
Cheers,
Bill
East...The old saying about building a better mousetrap applies here methinks...the mousetrap is still a mousetrap...you can't patent an idea (so to speak) but you can patent a particular way a mousetrap works(Design, Function and Form) ...if we didn't have those laws in place we would be still in the beginning stages of the industrial age..and stuck there...I tend to think that if you can prove your patent is different enough to improve the product and also give credit to "prior Design" ...you should be ok..lets see what happens next with the Chinese Gov't and further court cases.
Cheers,
Bill
I find it interesting that Ruyan was complaining about health claims by the other manufactures. It appears they have done other studies besides the one in New Zealand.
I bet that law suit cost Ruyan a pretty penny.
I am going to be careful who I order from till this settles out. The sellers are going to have to be upfront about who they get their e-cigs from or we can't buy from tham, untill this gets settled. At least that is the way I see it. I don't want to buy something and not get it or never get any customer service.
I bet that law suit cost Ruyan a pretty penny.
I am going to be careful who I order from till this settles out. The sellers are going to have to be upfront about who they get their e-cigs from or we can't buy from tham, untill this gets settled. At least that is the way I see it. I don't want to buy something and not get it or never get any customer service.
Ruyan claims that their atomizer is unique in that it uses ultrasonic rather than heated-coil technology.
I don't see how they can equate the ultrasonic process with the heated-coil process in any patent infringement suit.
Maybe they are just going against companies making Ruyan knock-offs? But if they are going after companies using the Ruyan name with heated-coil atomizers, that would be a trademark infringement not a patent infringement....
I guess we need to wait for more info.
I don't see how they can equate the ultrasonic process with the heated-coil process in any patent infringement suit.
Maybe they are just going against companies making Ruyan knock-offs? But if they are going after companies using the Ruyan name with heated-coil atomizers, that would be a trademark infringement not a patent infringement....
I guess we need to wait for more info.
This is basically correct.
While Ruyan can patent the design of their atomizer, the particular way in which it vaporizes the liquid as they have created it and the specific construction of their atomizer, they can't patent the idea.
They can not legally file a patent which gives them exclusive rights to the idea of making an electronic atomizing device which uses electric resistance to heat a coil which, in turn, atomizes the liquid any more than IBM could patent the idea of putting a bunch of microchips on an IC so that they could communicate with each other in the form of a computer.
This would be akin to filing a patent saying "use 2 wires to conduct electricity in to some metal which will become hot enough to vaporize liquid"
That could also apply to an electric stove, a light-bulb, a hot plate, etc...
Also, U.S. anti-trust laws will stop them dead in their tracks. They will not be allowed to corner the market.
This crap might fly in China but it won't fly in the rest of the world.
EDIT : Ok...correction to my post (though the concept still applies (US patent # 45729053) ). They apparently use ultrasonic atomizers. They still can't patent the entire concept.
this part of your post was DEAD on...ask any Patent attorney and they would use a similar description as Terraphon did below...
"This would be akin to filing a patent saying "use 2 wires to conduct electricity in to some metal which will become hot enough to vaporize liquid"
Cheers,
Bill
"This would be akin to filing a patent saying "use 2 wires to conduct electricity in to some metal which will become hot enough to vaporize liquid"
Cheers,
Bill
Read the exact wording to argue over:
Skip a graf and we have:
The suits are coming at an interesting time. E-Cig and others helped popularize e-smoking while Ruyan offered only expensive products. Now that e-smoking is reaching a critical mass -- and supply can't keep up with demand -- Ruyan attempts to shut out competitors.
Pay the piper. Or don't play. That's the message in the fine print.
Skip a graf and we have:
The suits are coming at an interesting time. E-Cig and others helped popularize e-smoking while Ruyan offered only expensive products. Now that e-smoking is reaching a critical mass -- and supply can't keep up with demand -- Ruyan attempts to shut out competitors.
Pay the piper. Or don't play. That's the message in the fine print.
This also isn't to say that no one other than Ruyan can produce such products. What it means is that if others want to make them they will have to pay to license the technology.
This will, of course, increase the price of the technology a bit, in the beginning, but it will also open the door for quite a bit of competition.
This could actually be very good for the industry.
This will, of course, increase the price of the technology a bit, in the beginning, but it will also open the door for quite a bit of competition.
This could actually be very good for the industry.
I agree. I don't see it as a bad thing, companies will have to come up with their own unique designs that will force the industry to compete as far as making atomizers and progressing the technology behind it.
Also isn't it RUYAN not RYAN?
I dont know how long court cases last in China, does anyone know when they first filed suit? This could have been in the system for a long time if its anything like the courts here. Is there anyway to find out if they have any other pending suits in the US or any where else?
Based on how quickly they decided to hang the people for adding melamine to the milk... I think they move things along far quicker than here in the states. (I would put a LOL or a smiley...but it seems rather inappropriate considering persons are being put to death for that one).8-o
I hope someone in the West picks up an Atomiser and copies it and sells it and tells the Chinese to F**k off, the same as China told Bill Gates when he complained that 80% of Windows in China were illegal copies.
btw What brand of Hoover do you use ?
btw What brand of Hoover do you use ?
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