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Dyson's The Ball (DC15) (Read 25095 times)
cprohman
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Re: Dyson's The Ball (DC15)
Reply #700 - 04/13/07 at 1:42pm
 
Patent law tends to be arcane, and not easily comprehended by outsiders, but it has worked reasonably well over the years. Many different issues may determine the outcome. Are two inventions subtantially different, or essentially the same? Does a patent explain the invention accurately and precisely? Is an invention novel, or was it anticipated by the prior art?
 
If the judge awarded a summary judgment against you, that means that that he felt the case was so clear based on the pleadings that that there no issue of fact remaining. Essentially he was saying that even if everything in your pleadings was true, you would still lose, so there was no reason for a trial. From your decription, it sounds like he ruled that the Dyson system was substantially different than the one descriped in your patent application, and that Dyson is not infringing on your patent.
 
As for who sued whom, that is a technicality. I presume they sued immediately upon learning of your patent because they wanted the decided quickly. They didn't believe they were infringing, but wanted to have that verified by a court. I can't blame them for wanting to know where they stood.
 
By the way, if you still feel that your invention was essentially the same, perhaps the blame lies with whoever drafted your patent application. Perhaps the way they drafted it was too narrow, and thus it didn't cover another invention that wasn't quite the same. On the other hand, if you try to draft a patent that is overly broad, that can get you in trouble in a different way, because then the entire patent could be voided.
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Carmine_Difazio
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Re: Dyson's The Ball (DC15)
Reply #701 - 04/13/07 at 2:36pm
 
Kenneth J (engineering student) versus 14 hot shot NY lawyers in 3 piece suits with 3 names.  Sound like justice?
 
Carmine D.
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No Loss of Suction
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Re: Dyson's The Ball (DC15)
Reply #702 - 04/13/07 at 3:07pm
 
Quote from Kenneth_J. on 04/13/07 at 2:36am:
I have the patent!   Kenneth J. Weger  Patent# 5,794,305  

I really didn't have a "trial" as I understood a trial to be and it was appealed federally. Live and Learn.  I contacted Dyson too introduce my patent.  He said he would get back to me in fifteen days….and 5 days later I was sued by 14 New York attorneys. He sued me.

Oh Hello there.

My case was decided on summery judgment…Before a "trial" as I understood a trial to be, not like on TV….On the ordinary meaning of the word "pair" as used in my patent. Yes that’s right.  My dictionary said a pair was corresponding things…. and the person who sued me' dictionary said a pair has to be separate things.  So my case was decided on one word before a jury trial.  "Pair"  

Ok….fine

I still believe that the patent shows the world the best way, A pair of wheels for left and right turns...then and now…..I also believe that I will one day get a license arrangement and the full potential of this wonderful idea will be realized…

I had the "Eureka" moment when I discovered, recognized and patented this incredibly innovative solution that added the mobility that those with arthritis lacked into the upright vacuum…The idea received a design award from the Arthritis foundation...No one can take that or that moment away from me…

I invented it…. Kenneth J.  Smiley

 
Kenneth,
 
Just to get a clearer picture of who Dyson is...  When you said "I contacted Dyson too introduce my patent" - what is meant by this? - Did you tell him he was infringing on your patent or did you discuss something else?  Did you talk with Dyson himself?  Did you have a lawyer contact Dyson or did you go it alone?
 
I wish you all the best.  Keep inventing Kenneth.  If I may suggest... if liscensing an invention is what you are after then invent in a market or for manufactures who welcome and indeed liscense outside inventions.  Some mfgs have inventor welcome mats out but really do not liscense much. - Toy mfgs are big on this - Mattel for instance sees (I'm told) 1500 to 2000 inventions per yr. but only a handful are liscensed.
 
 
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« Last Edit: 04/13/07 at 6:06pm by No_Loss_of_Suction »  
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cprohman
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Re: Dyson's The Ball (DC15)
Reply #703 - 04/13/07 at 3:12pm
 
In the US if you have a lucrative case that can be won, you can usually find an attorney willing to represent you on contingency. I don't know if Kenneth explored this route or not, but I do recall that he did have representation, and it wasn't 14 attorneys against Kenneth, it was Dyson's attorneys against Kenneth's attorney(s).
 
I don't mean to sound unsympathetic to Kenneth. I hope that, if his invention is a good one, he can license it to other vacuum makers. Rather I just wanted to make it clear that if someone says that Dyson is using his invention, the fact is that a court has ruled that the device that Dyson is using and Kenneth's device are not the same thing.
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JimB
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Re: Dyson's The Ball (DC15)
Reply #704 - 04/13/07 at 4:21pm
 

Carmine,
  You did it to me again...  You caught my attention as I thought you may be on to something with your most current rant, I play online for an hour instead of working the machine I have on the bench only to find out it doesn't add up.  When am I going to learn.
First I looked up the patent and I like the idea.  Kenneth you should pursue this idea further but unfortunately as it looks like the court agreed with it's summary decision it is not the same or describe the dyson ball.  It clearly states 2 (pair) wheels that seem to alternate being used on the surface not one ball shape at the pivot point.  I do like the fact that you also state a use on things such as a lawn mower.  I hope you continue to pursue this idea and wish you luck as I was searching you have some other Patents out there I like your Belt Sander Idea.
 
Quote from Carmine_Difazio on 04/13/07 at 2:36pm:
Kenneth J (engineering student) versus 14 hot shot NY lawyers in 3 piece suits with 3 names.  Sound like justice?

Carmine D.

 
http://www.leydig.com/FirmOverview/FirmOverview.aspx
A link to the firm that is listed filing the patents listed for Kenneth J.  Leydig, Voit & Mayer, Ltd., HMMM 3 names how interesting I wonder if they wear suits ( I am betting they may have wore the 3 piece variety while arguing in front of our supreme court).  Even though they seemed to have represented for filing I have no clue if they would have taken the case with dyson but if Dyson went up against this firms 80 attorneys and 100 years of reputation with only 14 attorneys it would seem to be a mismatch.  The continued implication of an engineering student out there fighting this battle is also interesting as this firm seems to have been registering patents for Kenneth last decade so I guess I am very impressed he was able to hire such a prestigous firm to file rather technical patents while in grade school  Wink.  I do like your passion though, next thing we know you will be praising "engineering student" James Dyson's win over the huge company (Hoover) and all their high priced fancy attorneys for infringing on his patents when he was getting started.  
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old-timer
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Re: Dyson's The Ball (DC15)
Reply #705 - 04/13/07 at 5:42pm
 
Hi Kenny,I would not get to upset over this patent problem with dyson,your application for this would probally would have been used in other than vacuum cleaner applications.
Look on the bright side it was a failure on the dc15, this machine has been a bomb since introduced in the states.
 
Would you want your good name associated with this?
 
regards
 
 O.T.
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