Evolv sues Joyetech over VW technology !

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retired1

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Evolv is patent trolling here.

Not even close. Patent trolls purchase patent portfolios for the sole purpose of suing for money. Evolv holds the patent and uses it. Huge difference here and calling Evolv a patent troll is a huge disservice as well as an insult that is totally unwarranted.
 

JMarca

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Variable Wattage is what is at stake here, don't be fooled! When you look back in time, variable wattage has been around since the light bulb. Not to mention how about a variable wattage hair dryer. I mentioned before a variable wattage soldering iron, that has variable temperature control. This is not new technology, it was just applied to the vapor industry. What may happen here is the patent may be challenge and JT would have every right to do so. This is what happened to Apple, which was challenged by Samsung. With all that is going on in the world today in our industry, this is nothing but trouble for the vaping industry. I own both devices and like both of them, so I am not picking any side here. This could end up be a bad decision by Evolv.

In reality what's at stake here is the method of achieving variable wattage not variable wattage itself. That hasn't been around since the light bulb and a hair dryer with a potentiometer is not the same as a chip regulating wattage.

Also if I invest in R&D to make something that works a certain way and I patent that idea then someone else comes along looks at what I did and copies the way I did it then I see nothing wrong with this lawsuit.

On the other hand and this could be bad if I take such a broad patent and go after everyone in the market to achieve a monopoly this could be very dangerous.

It's a toss up I love my Evolv products, but I'm not stupid nor blind and realize there could be potential for abuse of this patent and it could get out of hand very quickly.
 

JMarca

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Right now evolv is only going after joyetech but if they win this case I don't think joyetech will be the last, the timing is ridiculous and every company in vaping if they have to be in court should be there fighting for vaping to continue.
And that's the scary part, should they win what's stopping them from going after Kanger next and whoever else they want after that, it's a scary world once you give one company that much power. Do we even want to live in a world where everything is powered by Evolv? As much as I love the DNA 200 I believe competition is healthy and even if they can't go after Yihi there should be more options than just 2 chip makers.
 

snork

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And that's the scary part, should they win what's stopping them from going after Kanger next and whoever else they want after that, it's a scary world once you give one company that much power. Do we even want to live in a world where everything is powered by Evolv? As much as I love the DNA 200 I believe competition is healthy and even if they can't go after Yihi there should be more options than just 2 chip makers.
Perhaps they're fighting for just what you're asking. Evolv's own survival may be at stake. Personally, after observing the way vapers generally treat the western innovators, if I were one of them I would have given y'all the finger and left the business a long time ago.
They're doing this for you.
 

Rizzyking

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The effects are going to be limited to the US if evolv win and it will be US vapers that ultimately will be the one's inconvenienced I'm not sure what customs capacity the US has in terms of checking every package entering but I know the UK doesn't have the ability to do that beyond explosives or hazardous chemicals and that sort of thing. Some people will have anger towards evolv as they will feel evolv have gone back on what they said when they originally obtained the patent and as I said that this could be the start of the process not the end others may be in evolv's sights.
 

skoony

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In reality what's at stake here is the method of achieving variable wattage not variable wattage itself. That hasn't been around since the light bulb and a hair dryer with a potentiometer is not the same as a chip regulating wattage.
You are describing components that can run at different wattages. In this case VW does not mean
changing wattage. It means setting wattage to a desired level and maintaining the same wattage no mater what the resistance of the load is. You can swap out tanks with different resistance coils and
not have to calculate if you are in the safe operating range of the battery or adjust voltage to insure it.
VW does all the calculating and adjusting for you within its operating range. A standard luminescent 60
watt light bulb sold in the US is only 60 watts at 120 volts AC. The same light bulb if used in Europe
where they have 220 volts AC would produce 120 watts or,blow up. Which ever comes first.
Regards
Mike
 

retired1

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It means setting wattage to a desired level and maintaining the same wattage no mater what the resistance of the load is. You can swap out tanks with different resistance coils and
not have to calculate if you are in the safe operating range of the battery or adjust voltage to insure it.

And that's exactly what JMarca meant. What you described is the method to achieve, not the concept of variable wattage itself.
 

440BB

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When I started vaping, variable power based on repeatedly sensing the heating element's parameters was a nice but unnecessary feature, only available in Evolv's Darwin. I watched vapers start demanding VW and it became the holy grail. Now many are demanding TC, which is a variation of the same concept. Evolv waited until the market expects VW and TC, then goes after the big fish, JoyeTech. It seems like a logical time to enforce the patent, before Evolv becomes irrelevant. No point in holding that Ace in your hand until the game is over, time to play that card.

Reading resistance or other coil parameters and adjusting power automatically remains nice but unnecessary to me. I will just set my voltage at 3.9 and vape happily while eating popcorn.
 

skoony

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And that's exactly what JMarca meant. What you described is the method to achieve, not the concept of variable wattage itself.
Sorry,@Lighty269 said"Variable Wattage is what is at stake here, don't be fooled! When you look back in time, variable wattage has been around since the light bulb. Not to mention how about a variable wattage hair dryer. I mentioned before a variable wattage soldering iron,". @JMarca reply to Lightly was similar.
I missed a verb or two in the context.
" That hasn't been around since the light bulb and a hair dryer with a potentiometer is not the same as a chip regulating wattage. '
Mike
 
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USMCotaku

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In some cases that may be true, but in this case what else do you have to compare it to?

All they'd have to submit is 2 sample devices from each company and then point out what they do to achieve a certain parameter such as voltage/wattage or temperature control and with nothing to compare it to they'd easily win. Doesn't help Joyetech one bit that the RX looks like an exact clone of DNA 200 mod, in the judge's eyes it's a direct knock off. Remember the likelyhood of the judge being a vaper is VERY small.
but not a small chance that the judge is competent.....the entire mod other then chip belongs to wismec, so they aren't cloning themselves. They have every right to put any chip they want inside of that mod, and the judge will see that, or have that pointed out if he misses the distinction. This case is NOT about cloning (ala rx200 vs. dna200 mod), even though many of us feel that it was prompted BY the rx200. The entirety of the case revolves around variable wattage....and the patent held by eVolve is so loosely defined and broad in nature, it essentially covers any possible way of making VW work on a mod, with out giving any specifics of a way to do such....that may hurt them.
 

Tonkpils

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but not a small chance that the judge is competent.....the entire mod other then chip belongs to wismec, so they aren't cloning themselves. They have every right to put any chip they want inside of that mod, and the judge will see that, or have that pointed out if he misses the distinction. This case is NOT about cloning (ala rx200 vs. dna200 mod), even though many of us feel that it was prompted BY the rx200. The entirety of the case revolves around variable wattage....and the patent held by eVolve is so loosely defined and broad in nature, it essentially covers any possible way of making VW work on a mod, with out giving any specifics of a way to do such....that may hurt them.

Exactly, I don't understand why people bring up the RX200 vs DNA200 when the patent is for Variable Wattage and every1 of Wismec's devices are listed. It has nothing to do with the RX200 housing a different chip, although that could have prompted this.
 

JMarca

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but not a small chance that the judge is competent.....the entire mod other then chip belongs to wismec, so they aren't cloning themselves. They have every right to put any chip they want inside of that mod, and the judge will see that, or have that pointed out if he misses the distinction. This case is NOT about cloning (ala rx200 vs. dna200 mod), even though many of us feel that it was prompted BY the rx200. The entirety of the case revolves around variable wattage....and the patent held by eVolve is so loosely defined and broad in nature, it essentially covers any possible way of making VW work on a mod, with out giving any specifics of a way to do such....that may hurt them.

Exactly, I don't understand why people bring up the RX200 vs DNA200 when the patent is for Variable Wattage and every1 of Wismec's devices are listed. It has nothing to do with the RX200 housing a different chip, although that could have prompted this.

Because although both are made by Wismec, they still do look identical except one chip is licensed by Evolv, the other not. A judge could also see it as an opportunity by Wismec to replicate the same mod (even though the mod is NOT in question here) and cut costs by selling their own mod with their own chip and cut Evolv entirely out of the picture even if that's not the case in question it still doesn't help the case against Joytech when the chips inside are basically being swapped and use similar IP (this is what really has to be proven).
 
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crxess

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to assume Joyetech, YIHI and these other chip manufacturers are copying Evolv's work is just ludicrous. I mean, just because EVERY time Evolv releases a new product, YIHI follows up with a very similar one means nothing. It's strictly coincidental.
I'm surprised they waited this long.
yihi
:pop:
 

USMCotaku

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Because although both are made by Wismec, they still do look identical except one chip is licensed by Evolv, the other not. A judge could also see it as an opportunity by Wismec to replicate the same mod (even though the mod is NOT in question here) and cut costs by selling their own mod with their own chip and cut Evolv entirely out of the picture even if that's not the case in question it still doesn't help the case against Joytech when the chips inside are basically being swapped and use similar IP (this is what really has to be proven).
since it is the chip (and all chips in their line that use VW) are what is in question, the rx200 mod body has nothing to do with the case at all, and just muddies the waters by even bringing it up. Pointing out the similarities between the rx200 and the dna200 is completely irrelevant, and doesn't help or hinder joyetech's case. This isn't a copyright case, the judge won't care about how much they look alike. For any validity to eVolve's case, they will be looking at one feature (VW) and if the patent held by eVolve is sufficient to keep all other companies from using any version of VW without licensing fees paid to eVolve. People need to stop focusing on the rx200....the ONLY thing that matters is the chip inside, and more specifically an operating feature of that chip, since it is clear the chip isn't reverse engineered from the dna chip.

What bothers me about this case, is eVolve basically promised they wouldn't use the patent against companies unless they were cloning their boards, that they only applied for the patent to keep OTHERS from doing the "patent troll" thing......but here we are, eVolve using the patent against a company, shortly after the release of a competitive mod, that CLEARLY isn't a clone of their board (again, the mod itself BELONGS to wismec, who can put any board they wish in it). For what they are doing to be right in my eyes, eVolve needs to produce a business contract between them and Joyetech promising that Joyetech would never produce a mod that would compete with the dna200 version (which would also mean no Cuboid). Without such an agreement, this case looks to be eVolve doing exactly what they said they WOULDN'T do.

Another way this case could be acceptable, is if when eVolve received the patent, they applied it universally, to all companies manufacturing VW devices, and asked for licensing fees (of course, some may have fought it, and the patent may not have held up for reasons listed prior in this thread). Instead, they basically stated "we aren't going to enforce this patent, go ahead and keep doing what you all have been doing", but suddenly pull out the patent against ONE company that is making a competitive mod.

I used to be all for clones (based on my purchasing ability), but now I have changed my opinion....and in the last year, it has become possible to find many decent devices that are cheap enough while not being clones....the one thing anti cloners have been saying from the start...."just buy something that is not a clone, a cheaper unique device....", "reward companies for making their own devices, instead of ones that are just copying other companies goods". We are finally in a place where this is possible to do......Well, this case is now affecting that ability (or will, if eVolve wins).
 

USMCotaku

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I don't think anyone said they WILL sue everybody else, just that if this goes well for them, they could. IMO, for the case to look less like them being sour over the rx200 doing so well, they SHOULD sue every company using VW that hasn't licensed it through them....otherwise it just looks like they are targeting a competitor instead of "protecting" their intellectual property.
 
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