Evolv patented the way their chip controls variable wattage. They didn't patent the concept of variable wattage e-cigs. There are probably more counterfeit DNA boards than real ones. They don't even make a mod...
Actually, they pretty much patented the concept of variable wattage in ecigs, see claim 18. And rightly so. Believe it or not there isn't all that much else that uses actual power control (Rossum chimes in here
), but Evolv absolutely invented its use in ecigarettes/vaporizers. It is an unnecessary complication in most other applications.
This patent was filed in 2011, based on the Darwin which was released at the beginning of 2011, so yeah, they did patent the thing they invented. No one even had VW on the radar for a good year after that.
I would guess they would probably license the technology rather than prevent others from using it. They will hopefully move against clones, though.
Evolv seems to be shooting for the whole Magilla of e-cig VW in their
patent.
What has been described above includes examples of the subject innovation. It is, of course, not possible to describe every conceivable combination of components or methodologies for purposes of describing the claimed subject matter, but one of ordinary skill in the art may recognize that many further combinations and permutations of the subject innovation are possible. Accordingly, the claimed subject matter is intended to embrace all such alterations, modifications, and variations that fall within the spirit and scope of the appended claims.
It will be interesting to see what the courts decide.
Not shooting, shot and hit. They were awarded the patent.
BTW the language you quoted there is standard patent boilerplate. The thing that makes it encompass all VW as we know it is the claim on the method.
Folks, just about every industry at some point gets rid of blatant counterfeiting and exact cloning. The way that happens is via trademarks and patents. Eventually the industry players get litigious, and rightly so; it's not cool to have counterfeiting and exact cloning happening in any manufacturing context. This is just a step in the maturity of the industry.
We may actually be lucky that real vapers own such important patents. Imagine if big tobacco were to own some of these patents.
Does this mean all variable wattage soldering irons will have to be pulled from the shelves.
This is actually a good example to look at. Most devices called "variable wattage" do not actually control for a specific wattage. The wattage ratings are based on a known, fixed load; they are basically variable voltage controls. The key feature of the Evolv patent is the active control to a specified wattage, by reading real-world conditions (resistance of the coil and output of the regulator). This is what allows you to change the resistance of the coil and have the power adjust automatically; with most "variable wattage" devices if you changed the resistance of the device being driven, wattage would change and the settings would be inaccurate.
