My feeling instead is that understanding and enforcing patent law is a tricky and very thorny issue, it is also that it takes very smart people to understand it. Engineers within this very forum seem to grasp the workings, but I would assume it to be very difficult for most judges to decide if such a patent is enforceable. This technology was shown to Toyota before they risked marketing it, but they didn't buy it. It took literaly rocket scientists/engineers to value and license it, hence Mars Rovers ended up using it. Anyway, here is some fresh news. Despite the fact I am torned between David and Goliath, I would go with David this time. Toyota's costumer base changed a lot since the Hybrid introduction, I for one used to love the Subaru Outback and if the Hybrid had not been such a success, I would not drive a Prius Today.
"Solomon Announces Toyota Patent Infringement Appeal


TARPON SPRINGS, Fla., June 1 /PRNewswire-FirstCall/ -- Solomon
Technologies, Inc. (OTC Bulletin Board: SOLM) announced today that it will
appeal the final determination of the United States International Trade
Commission (ITC) regarding Solomon's claim of patent infringement against
Toyota Motor Corporation, and certain of its affiliates, to the Court of
Appeals for the Federal Circuit (CAFC) in Washington, DC. The Commission
ruled, on April 30, 2007, that there was no violation of Section 337 of the
Tariff Act of 1930, as amended.
"We were clearly surprised by the initial determination by the
Administrative Law Judge (ALJ) and, after careful consideration, we have
concluded that there were serious errors made in interpreting the pertinent
patent law and precedents in this case leaving us no option but to appeal
the case to a court with particular expertise in this field." said Gary G.
Brandt, Chief Executive Officer of Solomon. "The CAFC is the primary court
in the United States which hears appeals of patent cases from the lower
district courts or from the ITC. We strongly believe that a proper
interpretation of the law, and precedents of the Appeals Court, will result
in a reversal of the most critical aspects of the ALJ's decision."
Mr. Brandt continued, "As those who have followed this case closely
know, we determined some time ago that the ITC venue would provide a more
streamlined path to resolving this matter. Because the ITC is not a
judicial court, however, its findings are not binding on any other courts
to which Solomon might bring the case in the future. We believe that the
CAFC is the appropriate forum by which to establish the proper
interpretation of our patent claims and to provide us with future options
to pursue full and fair remedies at either the ITC or the Federal Court in
Florida."
As previously announced Solomon brought suit against Toyota Motor
Corporation, Toyota Motor Sales U.S.A. Inc. and Toyota Motor Manufacturing
North America in the United States District Court for the Middle District
of Florida, Tampa Division, on September 12, 2005, claiming infringement of
Solomon's U.S. Patent Number 5,067,932, primarily relating to Toyota's use
of the Hybrid Synergy Drive technology in its Prius and Highlander Hybrid
vehicles. On January 11, 2006, Solomon filed an additional complaint
against Toyota with the ITC seeking to exclude importation of the
infringing technology. The action against Toyota and its affiliates in the
United States District Court for the Middle District of Florida, Tampa
Division, has been stayed pending resolution of the ITC action.
Information about Solomon Technologies, Inc.:
Solomon Technologies, Inc., through its Motive Power and Power
Electronics divisions, develops, licenses, manufactures and sells precision
electric power drive systems, including those utilizing its patented
Electric Wheel(TM), Electric Transaxle(TM) and hybrid and regenerative
technologies as well as direct current power supplies and power supply
systems requiring high levels of reliability and ruggedness for defense,
aerospace, marine, commercial, automotive, hybrid electric and all electric
vehicle applications.
FORWARD LOOKING STATEMENTS: This press release contains forward-looking
statements within the meaning of the Private Securities Litigation Reform
Act of 1995. The statements regarding Solomon Technologies, Inc. in this
release that are not historical in nature, particularly those that utilize
terminology such as "may," "will," "should," "likely," "expects,"
"anticipates," "estimates," "believes," or "plans," or comparable
terminology, are forward- looking statements based on current expectations
about future events, which management has derived from the information
currently available to it. It is possible that the assumptions made by
management for purposes of such statements may not materialize. Actual
results may differ materially from those projected or implied in any
forward-looking statements. Important factors known to management that
could cause forward-looking statements to turn out to be incorrect are
identified and discussed from time to time in the Company's filings with
the Securities and Exchange Commission. The forward- looking statements
contained in this release speak only as of the date hereof, and the Company
undertakes no obligation to correct or update any forward- looking
statements, whether as a result of new information, future events or
otherwise."