From: UncleSteve [#26]
14 Dec 2005
To: Stunt Engraver (DGL) [#25] 14 Dec 2005
Yes, it is a major development and I don't understand how SG can go after a "legal" distributor after the fact.....
I don't remember seeing any releases on an SG vs US Sublimation case. This all may just become "moot" if TOG wins their case in Texas. It is too late for Rotech and TG, but if TOG wins, that should put a stop to all the SG cases since they won't have the patent to stand on.
Now, TOG didn't patent their process as I understand it, so they couldn't sue either but they will be able to continue selling their superior (IMHO) inks at a more reasonable price and that may just take a big bite out of SG's income. I think many have stayed away from TOG for now since they didn't want to have to change inks again.
Take TOG's inks and combine that with a very fast evolving laser sublimation industry (and cost effective, too) and South Carolina may be looking for a new company to keep their courts busy.
From: Linda (LINDAG) [#27]
14 Dec 2005
To: ALL
Does anyone know when the patent is set to expire?
From: UncleSteve [#28]
14 Dec 2005
To: Linda (LINDAG) [#27] 21 Jan 2006
Linda, I am NOT a lawyer but from what I have seen there are numerous patents that were filed as the process evolved so the expiration dates will vary.
If only TOG had filed a patent back in the 80's, none of this would be happening.... :'-(
From: Stunt Engraver (DGL) [#29]
14 Dec 2005
To: UncleSteve [#26] 14 Dec 2005
Steve,
As you say, if TOG prevails, the US Sublimation case may never see the light of day. Other than the usual patent infringement claims, it's alleged that US Sublimation is using an ink, other than Rotech, but continuing to use the name.
Now, the questions are:
1) If possible, does TOG go all the way and break the SG patents, which would open the floodgates of inexpensive ink, from many competitors?
2) Do they simply establish, they aren't infringing on the SG patents and continue to sell their ink at current prices?
#1 would make them heroes, to those who have been following the ink wars.
#2 stands to make them wealthy.
Hmmm...which way will it go?
We should know in 2006.
EDITED: 14 Dec 2005 by DGL
From: Stunt Engraver (DGL) [#30]
14 Dec 2005
To: Pedaler (ROYBREWER) [#23] 14 Dec 2005
Roy,
It didn't occur to me at the time, but in your post, I think you were alluding to patents in the laser industry, as well as the dye sub industry.
From: Pedaler (ROYBREWER) [#31]
14 Dec 2005
To: Stunt Engraver (DGL) [#30] 14 Dec 2005
David,
Yes, if TOG is successful I think others would be encouraged to challenge frivolous patents. The lasering patents included, but several others I'd like to see challenged. Competition in any arena brings more creativity and therefore potential profit to any industry.
"Frivolous" patents are a different "animal" from Copyrights, but with reference to the renewed legal activities with the industry, I saw in current (Dec 05) EJ that Crown won a significant settlement from a competitor who duplicated their copyrighted designs.
Similarly, Mike Davis' editorial in the Nov issue of EJ, was on this very issue; I thought it was very well done.
From: Stunt Engraver (DGL) [#32]
14 Feb 2006
To: ALL
= UPDATE =
TOG vs. Sawgrass
From a document dated Feb. 10, 2006.
(paraphrased)
Sawgrass Technologies' motion, requesting a change of venue, from Texas to South Carolina, fell flat.
Won't happen.
EDITED: 14 Feb 2006 by DGL
From: Stunt Engraver (DGL) [#33]
30 Mar 2006
To: ALL
Here's an excerpt from TOG's recent post to DSSI:
The Court will consider our claim construction for the Markman hearing in less than 180 days. The good news is that we are moving forward. The case is set for trial on October 15, 2007.
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