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01-13-2006, 04:42 AM
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YA RLY.
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Real Name: Bubo scandiacus
Location: Saginaw, MI
Hybrids: 2006 Honda Civic Hybrid
Posts: 610
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Toyota's HSD may infringe on previous patents
http://www.autoserviceworld.co...12006
Short quote
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A technology company is taking aim at Toyota, saying that the company's gas-electric hybrid Prius and Highlander vehicles infringe on its U.S. patents. Solomon Technologies, Inc. announced today that it has expanded its litigation against Toyota by filing a complaint with the United States International Trade Commission (ITC) in Washington D.C.
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Here's the patent if you wish to read: United States Patent 5,067,932: Dual-input infinite-speed integral motor and transmission device
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01-13-2006, 07:23 AM
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Plodding along
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Real Name: Tom Baleno
Location: Chicago, IL
Hybrids: 2003 - Honda Civic Hybrid CVT
Posts: 2,119
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Re: Toyota's HSD may infringe on previous patents
I think this guy has a good shot of winning. He prety much describes HSD in great detail.
I doubt it will do anything to stop HSD implimentation. I suspect this guy will just get a very large check from Toyota.
My hydroponics experiment
You ever notice how hard it is to lip read cartoon characters?
"Crazy is what the sane call Delta Flyer"
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01-13-2006, 07:26 AM
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Pretty Darn Active Enthusiast
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Real Name: Kevin
Location: League City, Texas
Hybrids: 04 Honda Civic
Posts: 387
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Re: Toyota's HSD may infringe on previous patents
Then again he might not get squat. I remember the story of the guy that invented the windshield wiper delay timer and he spent most of his money and time also a divorce if I remember correctly sueing all the auto manufactures. They tied him up in courts for ever. In the end I think he got very little if anything and has since pasted away.kevin
 2004 silverblue 5 sp.
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01-13-2006, 07:30 AM
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YA RLY.
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Real Name: Bubo scandiacus
Location: Saginaw, MI
Hybrids: 2006 Honda Civic Hybrid
Posts: 610
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Re: Toyota's HSD may infringe on previous patents
I'm familiar with the wiper delay case. It's a shame that you can have a great idea and all it takes is a corporation with infinitely more cash than you and they can steal your work via the legal system.
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01-13-2006, 09:50 AM
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Active Enthusiast
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Real Name: Tim
Location: Dearborn, MI
Hybrids: '05 Ford Escape Hybrid 4WD & '06 Toyota Prius
Posts: 174
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Re: Toyota's HSD may infringe on previous patents
The problem with the wiper delay is that it's not really a patentable idea. REALLY! Patents have become ubsurd in the last decade and I'm shocked someone hasn't filed a patent for a process for putting your pants on one-leg-at-a-time.
The rules for patents (which don't seem to be enforced anymore) is that the idea must not only be original, it must also be non-obvious. It was quite obvious that people wanted wipers to have a delay and the means for putting an electronic timer in has been around for years (your turn signals -- back in those days -- basically used the same sort of circuit to cause a delay between flashes). So if you asked an engineer to come up with a way to make the wipers delay between swipes, you'd probably discover that a vast majority of them would have developed an extremely similar mechanism... and that means the solution is somewhat obvious.
Ford actually pays royalties to Toyota because Toyota held patents that Ford thought they would have to otherwise infringe. To paraphrase the directory of the Hybrid program at Ford -- she said there's only so many ways to come up with a system that combines an electric motor, a gasoline motor, a mechanism that lets both combine to the same drivetrain, and a battery. Toyota's patent (which was granted) was so broadly written that all the reasonable arrangements of these components were covered under it. Toyota apparently has a very broad patent.
I've scanned the patent for Solomon Technologies (the company that filed the complaint against Toyota) and at first glance it appears to be a somewhat specific mechanism -- not just a broadly written thing. It actually describes how the gears & armatures, etc. all need to be arranged to allow two different power inputs to blend into a continuously variable speed transmission to create a single output -- and also how to use regenerative braking -- taking power from what would normally be the output, and shift it to a generator.
If it can pass the "obviousness" test (prove that the idea is not obvious that if you ask engineers to build a device that fulfills the same kinds of functions that many would come up with a very similar implementation) then Solomon Tech will likely win.
There's a bit of a good news slant for Ford. If the patent complaint loses and the concept is deemed to be obvious (non-patentable), then it would likely *also* free Ford from having to pay royalties to Toyota (ie. the idea is 'obvious' and unpatentable... meaning not only does Solomon lose, but Toyota cannot enforce their patent either. Remember, Ford doesn't actually use *any* Toyota parts, components, or specific designs in their FEH... they only pay the royalty to Toyota because Toyota's patent is very broad. Ford's hybrid implementation is their own.). If Solomon Tech wins, then Ford would likely have to pay royalties to Solomon *instead* of paying Toyota (so Ford isn't really out any more money then they already pay) -- Toyota might be required to forward all money they made (from Ford) to Solomon Tech.
There's been quite a demand for patent reform in the US and I'm hearing grumblings that congress will be discussing some changes in the patent system. Patents are *supposed* to protect small inventors who come up with truely novel, useful, yet non-obvious designs which they actually intend to develop and sell -- so that they can make money off of their invention. By protecting such people, we encourage creativity innovation and the progress of mankind for a better world, blah blah blah. INSTEAD, we have companies that write up VERY broad patents for VERY obvious ideas, and then DO NOT ACTUALLY MAKE THE INVENTION that they patented... but instead lie in wait for someone else to make it so that they can SUE THEM! This has the completely opposite effect of stiffling creativity and innovation -- esp. from small companies or private inventors that frankly cannot afford to defend themselves in the lawsuit. To these companies, the money-making opportunity isn't through developing the invention and selling it. Instead their business model is to make money by leveraging the courts and the threat of lawsuits to demand royalties from everybody else -- and that is NOT what the patent system is supposed to do.
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01-13-2006, 09:59 AM
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Pretty Darn Active Enthusiast
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Real Name: Alden Bowles
Location: Frisco, Tx
Hybrids: 2005 Toyota Prius II HSD
Posts: 253
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Re: Toyota's HSD may infringe on previous patents
I'm not a patent lawyer but this doesn't look like it will hold up to me. The descriptions are good but there is very little actual "How to" as I read closer. In other words - I could describe 2 transceivers connected by a wire for speaking over distances and claim I invented the telephone even if I did not specify what type of wire or construction of the transceivers and how how they would be powered. In the end it looks to me like a good idea by a brilliant person not followed through on.
Alden Bowles
2005 Toyota Prius II HSD
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01-13-2006, 10:23 AM
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Pretty Darn Active Enthusiast
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Real Name: Mike
Hybrids: 2003 Honda Civic Hybrid
Posts: 474
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Re: Toyota's HSD may infringe on previous patents
Quote:
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If it can pass the "obviousness" test (prove that the idea is not obvious that if you ask engineers to build a device that fulfills the same kinds of functions that many would come up with a very similar implementation) then Solomon Tech will likely win.
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In my opinion the entire HSD system itself seems quite "obvious" and should not be patentable. You have two power sources-- an engine and a motor-- connected to a drivetrain via a differential (planetary gears). Also, similar continuously variable transmissions have been used via hydraulics, rather than electrics, for years.
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01-13-2006, 01:27 PM
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Plodding along
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Real Name: Tom Baleno
Location: Chicago, IL
Hybrids: 2003 - Honda Civic Hybrid CVT
Posts: 2,119
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Re: Toyota's HSD may infringe on previous patents
I think the fact the IMA system exists from honda makes the case its not obvious.
My hydroponics experiment
You ever notice how hard it is to lip read cartoon characters?
"Crazy is what the sane call Delta Flyer"
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01-13-2006, 02:04 PM
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Active Enthusiast
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Hybrids: None (Yet)
Posts: 60
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Re: Toyota's HSD may infringe on previous patents
Quote:
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Originally Posted by tbaleno
I think the fact the IMA system exists from honda makes the case its not obvious.
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My thoughts exactly; I had just refrained from posting a couple of hours earlier when I read this. Good point, tbaleno.
Here's another thought...let's suppose this company wins in court (and given the US legal system, that's not an outrageous scenario). Take it a step further, and say they decide not to license the technology to Toyota - but to a US manufacturer / manufacturers. Ford would be the obvious candidate, as someone else alluded to.
Blackberry, anyone ?
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01-13-2006, 02:52 PM
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Active Enthusiast
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Real Name: Bill
Location: Phoenix, AZ USA
Hybrids: 2005 Honda Civic and 2007 FEH FWD
Posts: 107
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Re: Toyota's HSD may infringe on previous patents
Very interesting article. It will be interesting to see what plays out. Though I agree, it seems the little guy has been losing out all the time, while the big corporations have the financial backing to win.
I had read that research corporations are trying to patent the human genome.
Bill
From the Valley of the Sun. -Phoenix, AZ
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