Roof rack controversy. Gobi Vs Whitson

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Canon_Bob very well said.

I currently have 7 or 8 patents and thankfully I co-share them with one of my customers that has no problem defending the patent. I like you am very curious as to what they could have patented.

Btw I loved looking at everything that our patents was compared to. Some of the old drawings were just beautiful.
 
BrianSD_42 said:
When Patents Attack! | This American Life



[MENTION=129754]IronMaidenFan[/MENTION]

The best advice you can give Sandra and Paul is to tell them to listen to the 1 hour podcast linked BECAUSE not only does it explain that the patent system is currently broken but it also explains how certain companies are abusing the original intent of the patent system to go after small businesses in frivolous lawsuits backed up by vague patents.


That is exactly what WMW and the people on this forum who are critiquing Gobi are ticked off about. The general (non-judicial) consensus is that Gobi is ACTING WITH BAD MORALS against a guy who like much like Savage Offroad literally does business manufacturing in their garage and backyard. WMW makes these things by hand. Compared to him Gobi is definitely a huge company.

It seems like Paul and Sandra do not understand:
#1) just because the law allows you to sue
#2) just because the patent office issued a vague as heck patent

--> DOES NOT MAKE IT ANY LESS SLIMY to sue someone out of business for what amounts to infringing on a patent that never should have been issued in the first place.

Also as bonus advice #3) you could tell them that filing a LAWSUIT with a court date is not the same thing as a cease and desist letter / complaint.


:bat:
Click to expand...

X'2. That podcast puts this issue into a much better light.

Can they? Yes. Does it make them right or moral? No, far from.
 
2nd Chance said:
Canon_Bob very well said.

I currently have 7 or 8 patents and thankfully I co-share them with one of my customers that has no problem defending the patent. I like you am very curious as to what they could have patented.

Btw I loved looking at everything that our patents was compared to. Some of the old drawings were just beautiful.
Click to expand...

The patent was spelled out earlier in the thread...with a link. It boils down to this, they patented any roof rack mounting points that work with the factory mounting points. Essentially they patented vehicle specific roof racks. It's also been posted that they have 3 other suits open one being against Baja Rack.
 
Yes the patent system needs major reform.

10 tech patents that should have been rejected | PCWorld


Is This The Dumbest Patent Troll Ever?



Or even better ...

https://www.eff.org/deeplinks/2014/07/inaugural-stupid-patent-month

U.S. Patent No. 8,762,173, titled “Method and Apparatus for Indirect Medical Consultation.” This patent issued on June 24, 2014, and dates back to an application filed in November 2007. And what was the novel, nonobvious, deserving-of-patent-protection invention? Here is claim 1 in a nutshell (the full claim is at the end of this post, for those interested)1:

a. take a telephone call from patient
b. record patient info in a patient file
c. send patient information to a doctor, ask the doctor if she wants to talk to the patient
d. call the patient back and transfer the call to the doctor
e. record the call
f. add the recorded call to the patient file and send to doctor
g. do steps a. – f. with a computer
Click to expand...
 
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ajonesnv said:
The patent was spelled out earlier in the thread...with a link. It boils down to this, they patented any roof rack mounting points that work with the factory mounting points. Essentially they patented vehicle specific roof racks. It's also been posted that they have 3 other suits open one being against Baja Rack.
Click to expand...

I couldn't get the link to open, is that really all it boils down to? They've got a "patent" on any rack system that attaches to the factory rails?

Wonder how Thule and Yakima feel about that.
 
KidVermicious said:
I couldn't get the link to open, is that really all it boils down to? They've got a "patent" on any rack system that attaches to the factory rails?

Wonder how Thule and Yakima feel about that.
Click to expand...

This is the word on the street. It is very common in the patent world, but typically written that way with intention of law suit favoring your patent. "Patent trolls" as coined by Intel's old CEO mentioned in the posted podcast.

If it weren't such a vague patent they would not have a suit...the racks are actually very different, as seen in the photos.

Yakima and Thule are typically universal fitting. They don't use the factory mounting points for the factor roof rack.



Edit:

I did a little searching and found info on the case including patents... GOBI (bud guy) vs Whitson (good guy) :)

I have yet to have time to read them, but here all the same. I did read some vague verbiage of artistic design, but the patent drawings look nothing like either of their racks, interesting.
 
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Disclaimer: I have no connection to Whitson/Gobi/anyone on this forum. Also, I am not affiliated with the following blog I will link to.

I figured this might help answer questions or guide the discussion.

In this case, ID2000/Gobi hold two Design Patents. Design Patents afford legal protection granted to the ornamental design of a functional item. The scope of protection for a Design Patent differs from that of a Utility Patent ([...]for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof. [...]).

Here's a quick summary on the differences: Design Patents vs. Utility Patents: What are the differences? - Patent Trademark FAQ (Again, I have no affiliation.)
 
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the4tion81 said:
Disclaimer: I have no connection to Whitson/Gobi/anyone on this forum. Also, I am not affiliated with the following blog I will link to.

I figured this might help answer questions or guide the discussion.

In this case, ID2000/Gobi hold two Design Patents. Design Patents afford legal protection granted to the ornamental design of a functional item. The scope of protection for a Design Patent differs from that of a Utility Patent ([...]for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof. [...]).

Here's a quick summary on the differences: Design Patents vs. Utility Patents: What are the differences? - Patent Trademark FAQ
Click to expand...

Nice...thank you.

Startup-IP-Checklist-Item-7.jpg
 
For those of you participating in this thread, it is skating on a very thin ice. Please keep personal attacks, vulgarity, bantering, etc etc out of it.

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Thai said:
So, if this is a DESIGN patent issue, then does this mean that the settlement will be quick and cheap? Or can this turn into full blown court battle (like with Apple and Samsung)?
Click to expand...

That will honestly depend on the parties involved. They can still negotiate a settlement and the complaint can be dismissed; and depending on jurisdiction, judges tend to urge parties to settle civil complaints outside of courts these days. Otherwise if both cannot find common ground, it is entirely plausible for this to progress to oral arguments. Time will tell as to how far this goes (keeping in mind the time/money factor of both parties).
 
the4tion81 said:
That will honestly depend on the parties involved. They can still negotiate a settlement and the complaint can be dismissed; and depending on jurisdiction, judges tend to urge parties to settle civil complaints outside of courts these days. Otherwise if both cannot find common ground, it is entirely plausible for this to progress to oral arguments. Time will tell as to how far this goes (keeping in mind the time/money factor of both parties).
Click to expand...

Hmm, maybe that is why Gobi "claims" to be trying to talk to Whitson before this goes to court. I just don't see Gobi getting much if this goes to court.

This is finally starting to make some sense....:thumb:
 
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KidVermicious said:
Sure seems that way, but I'm reserving judgement until the lawsuit is resolved and the folks actually involved can speak freely. Gobi's suit could be a crock of shit or it could be perfectly valid and we don't know either way, so let's let the dust settle before pointing fingers.

[MENTION=77764]Whitson Metalworks[/MENTION], here's to hoping that one way or another you can get back to work shortly. The hobby needs more boutique fabricators, and you do good work.

[MENTION=119516]jicko[/MENTION], how about staying on topic instead of picking fights with anybody that doesn't like your choice of roof rack?
Click to expand...
Version 2.0 sucks.

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