Where is the mainstream media when you need them? Probably off chasing another Micheal Jackson’s baby’s daddy. But they could do a lot more use into investigating the court case of Paice LLC vs. Toyota. In the lawsuit filed by Paice against Toyota, Paice claims that several of Toyota’s popular hybrid models infringe on patents held by Paice. Having won a similar case back in 2005, Paice is now seeking an exclusion that would keep Toyota hybrid imports from entering the U.S.
The lawsuit claims that the Prius, Camry, Lexus HS250h sedan and 450h SUV all use technology patented by Paice. Back in 2005, Paice was awarded an “ongoing royalty” of $25 per offending hybrid vehicle sold after they initially won their suit in addition to a settlement of $4.3 million. That reward was remanded however, and now Paice seems content to just altogether block the import of the Prius and other Toyota hybrid vehicles.
In the words of Ned Flanders, this is a dilly of a pickle. You may recall that Toyota and Ford share some very similiar components in their hybrid systems, but those two seem to get along just fine. As far as I can see, Paice doesn’t make, well, anything. They do hold several wide-reaching patents, and the ones in question in the original court case were patent #5,343,970, 6,209,272, 6,544,088. There is a whole lot of legalese to decipher there, and I doubt Toyota will be forced to withhold its hybrid imports anytime soon.
But Paice is going for the jugular by asking for an exclusion clause, and it argues that the new generation of hybrid vehicles infringe on many of the same patents. I’m no fan of hybrids, but this seems rather excessive, especially for a company that doesn’t even have a market share to protect from Toyota.
Source: Bloomberg
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About Christopher DeMorro
Patents are there to protect intellectual property, period. I’m not sure why Paice didn’t just accept the $4.3 mil + $25/offending vehicle. They must believe that they should-have-gotten/could-get more.
Toyota is the top dog now, so they can’t be let off the hook simply because the cars they make are “for the common good”.
Patents are there to protect intellectual property, period. I’m not sure why Paice didn’t just accept the $4.3 mil + $25/offending vehicle. They must believe that they should-have-gotten/could-get more.
Toyota is the top dog now, so they can’t be let off the hook simply because the cars they make are “for the common good”.
I don’t disagree, and I wish a major news organization with some clout would take up this story. I feel like there is a lot more to this story, and if you check out Paice’s website you’ll see it hasn’t been updated in two years.
Something just strikes me as odd about the whole situation.
I don’t disagree, and I wish a major news organization with some clout would take up this story. I feel like there is a lot more to this story, and if you check out Paice’s website you’ll see it hasn’t been updated in two years.
Something just strikes me as odd about the whole situation.
I agree. It’s odd that we haven’t heard more about this. One would think it would have made it to Yahoo Finance news at least, or the Wall Street Journal, because it’s a pretty big deal for Toyota.
I agree. It’s odd that we haven’t heard more about this. One would think it would have made it to Yahoo Finance news at least, or the Wall Street Journal, because it’s a pretty big deal for Toyota.
I think Paice will be countered with patent squatting. Their hybrid vehicle patent was filed in 1992 and they’ve done nothing.
Part of patent law is that you must produce something your patent protects. Search “Reduction to Practice” If they’ve done nothing with their IP, a well presented round of Lawyer bashing might be able to prove their sloth and render their patent invalid.
If you take a look at their web page, you will find zero products. They have nothing to show. You will also find X Ford and GM employees on their management team. Their site isn’t even a .com. http://www.paice.net
Quite frankly I hope they loose their case and their patents. There are too many patents trolls out there keeping other companies from actually producing cutting edge technology and innovation that benefits us all.
I think Paice will be countered with patent squatting. Their hybrid vehicle patent was filed in 1992 and they’ve done nothing.
Part of patent law is that you must produce something your patent protects. Search “Reduction to Practice” If they’ve done nothing with their IP, a well presented round of Lawyer bashing might be able to prove their sloth and render their patent invalid.
If you take a look at their web page, you will find zero products. They have nothing to show. You will also find X Ford and GM employees on their management team. Their site isn’t even a .com. http://www.paice.net
Quite frankly I hope they loose their case and their patents. There are too many patents trolls out there keeping other companies from actually producing cutting edge technology and innovation that benefits us all.
This appears to be just another case of a “Patent Troll” lying in wait for someone else to build something that they can adapt one of their unused patents to claim.
This is a clear violation of the stated intent of the Constitutional authority for both patents and copyrights, which states “To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
Unfortunately, the writers of the Constitution did not provide a specific time, nor require that any attempt be made to develop and market a product in order to keep a patent or copyright valid. Congress has with the collusion of the Supreme Court reinterpreted “limited time” to mean “any specified time” and effectively turned a personal limited monopoly into an item of real property that can belong to a non human person, i.e. a business, setup only to collect royalties. There is no requirement that a product must be marketed by the owner of these “personal limited time monopolies”, which are now NOT limited in time by any reasonable limit and which are NOT now personal.
Paice is just taking advantage of the payoffs to congress from the congress’ big business contributors.
If you are as upset as I am about this violation of Constitutional intent by congress, write to them as I have done, multiple times, and express your views.
This appears to be just another case of a “Patent Troll” lying in wait for someone else to build something that they can adapt one of their unused patents to claim.
This is a clear violation of the stated intent of the Constitutional authority for both patents and copyrights, which states “To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
Unfortunately, the writers of the Constitution did not provide a specific time, nor require that any attempt be made to develop and market a product in order to keep a patent or copyright valid. Congress has with the collusion of the Supreme Court reinterpreted “limited time” to mean “any specified time” and effectively turned a personal limited monopoly into an item of real property that can belong to a non human person, i.e. a business, setup only to collect royalties. There is no requirement that a product must be marketed by the owner of these “personal limited time monopolies”, which are now NOT limited in time by any reasonable limit and which are NOT now personal.
Paice is just taking advantage of the payoffs to congress from the congress’ big business contributors.
If you are as upset as I am about this violation of Constitutional intent by congress, write to them as I have done, multiple times, and express your views.
No fan of hybrids? That’s an odd statement.
No fan of hybrids? That’s an odd statement.
It wouldn’t surprise me if big-oil and the Big-4 are behind this action to supress progress and the inevitable switch to non-oil based motion.
It wouldn’t surprise me if big-oil and the Big-4 are behind this action to supress progress and the inevitable switch to non-oil based motion.
What is odd about that statement?
I…don’t like hybrids. It’s a band-aid, not a cure.
What is odd about that statement?
I…don’t like hybrids. It’s a band-aid, not a cure.
I think that we have allowed other countries to buy us and land that our troops have found for.. We buy import because we are not true americans anymore we are one big dollar sign and we are for sale at any price. I think that Toyota should be banned for our country so we can get back to where we were.. We have completely sold out ourselves and our fore fathers to other countries. There is no America anymore it is just the U.S.A. with a big MADE IN CHINA stamp across their nation, not our nation…
I think that we have allowed other countries to buy us and land that our troops have found for.. We buy import because we are not true americans anymore we are one big dollar sign and we are for sale at any price. I think that Toyota should be banned for our country so we can get back to where we were.. We have completely sold out ourselves and our fore fathers to other countries. There is no America anymore it is just the U.S.A. with a big MADE IN CHINA stamp across their nation, not our nation…