Evolv sues Joyetech over VW technology !

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Rossum

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I read the pleading. If Evolv were suing because Wismec made an exact copy of their board and was reproducing it without license, I would support them. But they're not. Evolv seems to think they own the "variable wattage personal vaporizer" application in entirety, and nobody else is allowed to make a VW PV of any kind.
Unless/until the '330 patent is ruled invalid, they DO own it, and anyone else who makes such devices and sell them in the USA risks being sued for infringement.
 

Rossum

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I doubt it. Notice that Provape didn't release their first VW mod (the P3) until it was clear that Evolve would be granted the '330 patent. I suspect Provape entered into some sort of licensing agreement with Evolve, and I doubt they are the only ones.
 

six

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The conclusion will be interesting... It doesn't seem like anyone has heard a peep out of buzzkill in a while, but I bet when this is all said and done, he will have a thread just like this one and the speculation will be that which end of ohms law you start with doesn't really matter and his patent precedes evolv by a couple of years....

:pop::pop::pop::pop:
 

Mazinny

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The conclusion will be interesting... It doesn't seem like anyone has heard a peep out of buzzkill in a while, but I bet when this is all said and done, he will have a thread just like this one and the speculation will be that which end of ohms law you start with doesn't really matter and his patent precedes evolv by a couple of years....

:pop::pop::pop::pop:
Who is buzzkill and what did he patent ?
 

Woofer

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Counterfeit implies Claim as original - B.S. on your accusations.

I see, so the counterfeiters only make exact one to one copies right down to registered trademarks and even serial numbers because without that extra work they just don't vape right! No intent to deceive here, nope not a bit. :facepalm:

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. :ohmy:

Again I see, no CLONE topic but it's OK to talk about your latest clone. :thumb:
 

crxess

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I see, so the counterfeiters only make exact one to one copies right down to registered trademarks and even serial numbers because without that extra work they just don't vape right! No intent to deceive here, nope not a bit. :facepalm:



Again I see, no CLONE topic but it's OK to talk about your latest clone. :thumb:

It is an Authentic - Thank you, Just does not have the Garbage Massive Logo on the Casing - Thus Unbranded :facepalm:

With...

Without

 
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ScandaLeX

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It is an Authentic - Thank you, Just does not have the Garbage Massive Logo on the Casing - Thus Unbranded :facepalm:

With...........................Without

734 × 550 - wohligdampfen.de
Well let's stop dancing around it. Whose it by?



EDIT ~ Never mind. When I quoted you these pics weren't there until I posted.

!!! G*NOTE FIVE !!!
 
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Douggro

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i'm having an idle problem with my 2000 honda civic lx. it's got the 1.6L d16y7 motor. the idle refuses to settle, even after sufficient warm up time. i keep getting the p0505 code from the obd 2. i replaced the idle air crontrol valve but the high idle still persists. no vacuum leaks either, checked. i have the base idle set screw completely screwed in and STILL cannot get the idle below 1200-1100 rpm. help!
Not that this is the correct forum for this but.....a code does not necessarily indicate a problem in the component but one in the system. I.E. there could be a signal issue to the IAC motor causing it not react properly.. Granted if the IAC is filled with carbon so it can't actuate if it was mechanical then that would surely cause a failure but in this case it may be something else telling the engine to compensate like a lean fuel mixture, etc. Best bet is to read it with a scanner, see what the O2's, IAC, fuel trim etc are telling the ECM & go from there. Unfortunately you'll have to know what the data values are to understand what is going on but paying a shop for a diagnosis is sometimes cheaper then throwing the old diagnostic dart & replacing components. I'm sure if it's a known issue someone who works on Honda's will have a fix for you. Good luck.
thanks guys for the input. no it's not a joke. i also promise this will be my last post about it. i figured someone out there might have some ideas. @fishwater has me closer to what i think is prob. no leaks, pcv valve new, throttle body cleaned, new IAC, MAP and TPS good, throttle plate completely closing so.......... going to put it on an OBD 2 live data screen and check up stream and down stream o2's. as well as ECT sensor etc. sorry and thanks guys! gotta love ecf.
Trace the wire from the IAC to the PCM and check for good continuity and no shorts to ground. Since you replaced the IAC, a wiring issue is the next probable cause. Pay particular attention to where the wires may pass in close proximity to the engine or intake/exhaust manifolds: even bundled in the harnesses, the wire insulation can be melted and cause problems.
If you get a OBD reader with live data collection, you'll still need the baseline voltage references for the IAC circuit. Should be able to find those with Google-fu. I'm doubtful that O2 sensor problems would cause a high-idle condition, but if it were one of them involved it would be the upstream sensor. The other sensor aspect to check would be coolant/engine/air temp sensors, since those can cause the PCM to sense a cold-running state and adjust the idle/mixture/timing accordingly.

And kudos for throwing the OT post of the thread. :D
 

Douggro

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After 21 pages of reading, I noticed nobody had speculated onto what I just thought. Now keep in mind my knowledge of US Law comes from American TV shows...

Wouldn't Joyetech just bury Evolve in legal comings and going until they cannot afford to stay in business?

I believe Joyetech has more money.
That's a decision we have yet to see. Joyetech certainly could litigate this extensively through the courts, but it's a business decision for a risk/reward scenario. The costs of litigation and chances of gaining a favorable outcome have to outweigh the cost of settling out of court. And that's going to based in part on whether Joyetech's legal counsel determine they stand a chance of challenging the validity of Evolv's patent in court.

Newegg went through similar litigation processes with an outfit called Soverain Software over online shopping cart technology. Newegg decided not to follow the path many other merchants did by settling with Soverain and fought them through the courts. Newegg eventually won and received compensation for their troubles, but it was a very conscious decision by Newegg not to settle with what they (and many others) considered a patent troll.
 

six

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Interesting. Before eGo Twist ? Does he receive licensing fees from anyone ? Has he sued anyone ?

Yes before any other VV/VW device... and specifically *LONG* before the ego twist and in fact before the non-vv ego. There was one other selectable voltage device at the same time that had a three position switch that gave you three choices of voltage, but variable wasn't a thing until "the buzz" and "the terminator".

And yes. Mike has indeed many times expressed a willingness to sue to protect his patents... and you can add to that the fact he has other non-ecig-related patents that he has had opportunity to defend.

And yes, he has had agreements with other e-cig makers. The most "famous" (for lack of a better word) was the VV REO Woodville (I have one, in fact) and the VV REO Grand. Although the REOs weren't so much an "agreement" as such. Notcigs made the chips to REO's specs and REO bought the chips direct from notcigs to install in REOs designed to accept such chips.

This day has been coming for a long time. I don't think anyone even two years or more ago doubted that evolv would be the ones to get the ball rolling. The big question will certainly be how buzzkill prepared for it because I really do think it might not matter which end of ohms law you start with to create the same result... at least to some judge somewhere in probably California who doesn't know or care about the small differences, but will indeed be able to grasp the simple math involved.
 

Yozhik

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That's a decision we have yet to see. Joyetech certainly could litigate this extensively through the courts, but it's a business decision for a risk/reward scenario. The costs of litigation and chances of gaining a favorable outcome have to outweigh the cost of settling out of court. And that's going to based in part on whether Joyetech's legal counsel determine they stand a chance of challenging the validity of Evolv's patent in court.

Invalidity is a long way down the road. Before that Evolv has to win on jurisdiction and venue over the Chinese defendants, otherwise their case is probably dead in the water. Further, even if it wins on jurisdiction and venue, obtaining discovery will be costly and difficult for Evolv, given that likely the bulk of the information it needs is in China. Most likely, Evolv will be the one incurring large legal expenses long before Joyetech's legal expenses substantially increase. Finally, invalidity isn't anywhere near as important as proving infringement - Evolv fails on that and the case is over.
 
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Douggro

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Invalidity is a long way down the road. Before that Evolv has to win on jurisdiction and venue over the Chinese defendants, otherwise their case is probably dead in the water. Further, even if it wins on jurisdiction and venue, obtaining discovery will be costly and difficult for Evolv, given that likely the bulk of the information it needs is in China. Most likely, Evolv will be the one incurring large legal expenses long before Joyetech's legal expenses substantially increase. Finally, invalidity isn't anywhere near as important as proving infringement - Evolv fails on that and the case is over.
There is the option there for Joyetech to cede validity and argue infringement, but the standard has been to challenge validity as the primary argument and infringement as an adjunct portion of the case.
For sure, the discovery process is going to be a back-and-forth issue - for both parties. Evolv is at a disadvantage somewhat in that regard, as you noted that most of the pertinent records are going to be in China.
I don't see jurisdiction being much of an issue: that's all spelled out in the first two pages of the filing. And according to a previous poster, Joyetech has used the same court for filing suit so there is precedence of venue.
 

Daddy

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It's quite possible Evolv has lawyers on staff who are being paid a salary.

It's quite possible Evolv has retained attorneys who have taken the case based on a percentage of awarded monies.

Both of the above scenarios would keep legal fees down. I seriously doubt Evolv went in to this with out seeking the advice of counsel and getting some estimate of cost. If Evolv did not think the risk / reward was worth it they most certainly would not have filed.
 
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