I'm sure this is something their lawyers carefully considered, before requesting a jury trial. It may be another indication they think their case is not as strong as they are letting on.
Evolv sues Joyetech over VW technology !
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Pantent law in China is a joke, getting a US patent enforced in China that's laughable. Unless you have a business address in the states and do business here like joyetech and can sue domestically you'd be better off spending your money on horse racing. I'm not saying you can't try or that it's not legally binding overseas it's just a huge waste of money and resources for something that will most likely be thrown out or ignored for years.
How would that help? You going to sue every shop and website in the US that sells a chip? You'll never stop a chinese company they'll just sell it via Fasttech if they have to, at this point who are you going to sue the end user?
Not reading anything but the title...and all I got from the title is Evolv are a bunch of greedy {Moderated} and don't deal with them.
Thanks!
Thanks!
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No you simply inform them they are in an actionable position if they continue selling the product.
Fasttech tries to conform, they have complied to cease and desist orders several times.
This trouble Evolv must go through to protect their intellectual property rests solely on them. If they want to protect it.
The use the term "knock offs" several times in the filing. If they could convince a judge JoyTech is counterfeiting their device, Evolv could indeed go after every shop in the country. You don't see many B&M shops selling knock off Coach purses, Nike shoes or Oakley sun glasses, do you? Just shady vendors at flee markets or in the back alley's.
I will concede enforcing such a ruling would not be in the best interest of the vaping community, but it certainly could be possible for Evolv to stop or hinder importation to the US. Once a judgement is issued the FBI would be the ones who go after vendors selling "knock offs" or counterfeit equipment.
Federal Bureau of Investigation (FBI) | STOPfakes.gov
You inform them they are in an actionable position based on what? Your feeling?
If Evolv wins this case then maybe shops might be in an actionable position.
"Fasttech tries to conform"
My post was obviously IF Evolv wins this case, but they don't have to for my comment to be accurate. Evolv holds the patent on variable wattage ecigarettes NOW.You inform them they are in an actionable position based on what? Your feeling?
If Evolv wins this case then maybe shops might be in an actionable position.
"Fasttech tries to conform"
I know for a fact Fasttech has taken down clones due to cease and desist. GP Paps and Hana Modz are two times off the top of my head.
So Yes Fasttech tries to be compliant, they could have just as easily said ".... off and try and stop us!".
I don't see where you said that nor do I see it implied in context.
So removing something that they know full well is a clone right down to the registered trademarks when asked makes them good corporate citizens? How about never offer it in the first place. Triangle Windows, style of BS. Fastech know exactly what they are doing. World wide distribution of a huge number of counterfeit items.
feel free to inform me on what I got wrongMaybe you should've read more than the title!
!!! G*NOTE FIVE !!!
There in lies the rub. They have had this patent for quite some time (in vape device time), and have allowed every company to continue producing VW devices, which is the only actual claimed infringement in this case. So why hold off, and only go after Joyetech, now after the RX200 became so popular? If the patent is viable (I'll let the courts decide that, though I do have my own opinion), then EVERY SINGLE company that produces regulated mods using VW are "guilty" of said infringement. But Evolv has kept a blind eye to it....and only now file suit against a single company, that just so happens to make a mod with their chip, and then release a second version that is cheaper, and sold a little too well. It's patently absurd IMO (pun intended
)
Being compliant and good corporate (no such thing) citizens is not the same thing.
I'm sure a company that carries 100,000 items has time to research every one for patent/trademark issues :/
Did they know the items were a clone, almost certainly. Did they know the logos were trademarked, I highly doubt it. Did they remove them when confronted even though they didn't have to, yes.
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Counterfeit implies Claim as original - B.S. on your accusations.
This also is not the thread for the CLONE topic.
Meanwhile, I just ordered my first Squonk box.
1w-60w(omg) Unbranded - though manufacturer is obvious - lol, with TC and TCR capabilities.
The question of Evolv's image keeps popping up in this thread and I thought it would be interesting to get the memberships thoughts in a poll.
If you get the chance you you stop in and leave your thoughts: Curiosity Poll does Evolv suing Joyetech hurt their image
If you get the chance you you stop in and leave your thoughts: Curiosity Poll does Evolv suing Joyetech hurt their image
People tend to forget that having a patent is only part of the battle. You must defend it in court (nobody else is going to do that for you).
If someone is infringing on my patient it is my responsibility to sue and file for court orders for them to cease selling and manufacturing.
While "Fasttech" sells a bunch of counterfits, the inventor of the cloned device has to contact them and ask them to stop. AND the inventor has to have something to stand on for Fasttech to react.
In my humble opinion it may come down to the exact WAY Evolve regulates wattage output. Some of us have scratched our heads wondering why YiHi decided to have a "joules" mode, the Evolve patent might be the answer for that - distancing themselves from whatever IP Evolve has. (patented or not)
If someone is infringing on my patient it is my responsibility to sue and file for court orders for them to cease selling and manufacturing.
While "Fasttech" sells a bunch of counterfits, the inventor of the cloned device has to contact them and ask them to stop. AND the inventor has to have something to stand on for Fasttech to react.
In my humble opinion it may come down to the exact WAY Evolve regulates wattage output. Some of us have scratched our heads wondering why YiHi decided to have a "joules" mode, the Evolve patent might be the answer for that - distancing themselves from whatever IP Evolve has. (patented or not)
I'm not terribly familiar with YiHi, are they a US based company? Have they patented "regulated joules" as Evolv patented regulating wattage?
YiHi chips can be found in SXmini's, IPV's and some Boxers. As far as I know they are a Chinese company. While their "joules mode" is their "TC MODE", in my humble opinion they created it to avoid being "like" some other manufacturer(s).
I agree that going to China is not the way to go. I am wondering however if Evolv wins against
Joytech USA will Joytech China be enjoined to any agreement? If they are I can see it only binding in the USA. Would this mean Joytech China could make all the wattage control products they wanted but,couldn't sell them here?
Regards
Mike
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