Folder Digital Imaging/Dye SubTOG Throws Down the Gauntlet


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 From:  Stunt Engraver (DGL)
 To:  ALL
1477.1 
If you've followed the "Ink Wars" of the ink jet dye sublimation industry, in recent months, you've seen Sawgrass Technologies, Inc. -- purveyors of Sublijet ink -- emerge as the 800 lb. gorilla, and all-but-shut-down any competition.

How?

Sawgrass Technologies, Inc. (SG) claims patents to the process of running sublimable dyes through micro-piezo printheads, which, in turn, place an image on transfer paper, which, with the aid of heat and pressure (heat press) can be used to print the image to poly-based substrates.

Note: Micro-piezo printheads, manufactured by Seiko Ltd., equip all brands of ink jet sublimation printers, including Epson, which dominates the desktop (small format) sublimation market.

Enter, Texas Original Graphics (TOG) a long-time sublimation supplier, who recently received a Cease and Desist letter from SG.

Most companies, faced with similar letters, have either folded up shop, or become resellers of ArTainium ink, under a licensing contract with Tropical Graphics, who, as a result of an agreement in their own legal battle with SG, has become a SG subsidiary.

Surprisingly, the TOG response, was the filing of a Declaratory Judgment, claiming seven of Sawgrass' patents are either invalid, unenforceable, due to inequitable conduct, or not infringed upon by TOG.

I should mention the SG patents haven't been concretely upheld in court; no company has gone the distance to disprove the patents. To go that route, only to come up short, would be financially devastating.

Here's what makes this so interesting:

Beginning in 1989, TOG sold commercially viable sublimation ink that was used, in conjunction with ink jet printers, to print t-shirts, coffee mugs, metal plate, puzzles, calendars, and baseball caps. 

SG patents weren't filed until the early 1990's.

Naturally, the SG response to TOG's filing, has been the filing of a lawsuit claiming patent infringement on the part of TOG. The lawsuit seeks actual and punitive damages in addition to injunctive relief.

Will TOG slay the dragon?; or in the end, will they run out of money and follow suit with other suppliers of sublimation ink?

This should prove interesting.

David "The Stunt Engraver" Lavaneri
DGL Engraving
Port Hueneme, CA

EDITED: 20 Jun 2005 by DGL

 

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 From:  UncleSteve
 To:  Stunt Engraver (DGL) 
1477.2 In reply to 1477.1 

David,

As I have said before, IF TOG has the prior art, proof, etc., where the
H E double-hockey sticks were they when the earlier cases were being filed?

It wasn't their butt on the line so they were in no hurry to help out their competitors but NOW, all of a sudden, they decide to dig into their archives for the paperwork.

Final point: IF they did "invent" or were the first with the process, where the heck are THEIR patents or applications?

This will be an interesting saga to follow...

"Genius ain't anything more than elegant common sense." Josh Billings
 

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 From:  Stunt Engraver (DGL)
 To:  UncleSteve 
1477.3 In reply to 1477.2 

Steve,

Those are the obvious questions.

Another dynamic, if TOG prevails, the market will be flooded with inexpensive ink, which will be good for almost everyone but those selling ink at today's prices.

Of course, with the TG licensing deals, there's not as much profit in ink sales, (even at today's prices) as when dealers were "free agents."

I'm wishing TOG luck, but this looks like the ultimate uphill battle. >.< 

David "The Stunt Engraver" Lavaneri
DGL Engraving
Port Hueneme, CA

 

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 From:  RALLYGUY (RALLYGUY1)
 To:  UncleSteve 
1477.4 In reply to 1477.2 

"Final point: IF they did "invent" or were the first with the process, where the heck are THEIR patents or applications?"

 

I don't think they have to have a patent to win....all they have to prove is prior art.

Not everyone files a patent when they discover a new process (Although at this point I bet they wish they had.)

Brian G.

EDITED: 21 Jun 2005 by RALLYGUY1

 

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 From:  Stunt Engraver (DGL)
 To:  RALLYGUY (RALLYGUY1) 
1477.5 In reply to 1477.4 

Brian,

Over the years, I've certainly heard many "prior art stories." Particularly from Europe.

Logically, the main deterent to a company's pressing the (patent) issue would be:

Who would spend the millions necessary, only to open the market to unbridled competition and watch the price of sublimation ink drop like a rock?

David "The Stunt Engraver" Lavaneri
DGL Engraving
Port Hueneme, CA

EDITED: 21 Jun 2005 by DGL

 

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 From:  RALLYGUY (RALLYGUY1)
 To:  Stunt Engraver (DGL) 
1477.6 In reply to 1477.5 
TOG?
 

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 From:  Stunt Engraver (DGL)
 To:  RALLYGUY (RALLYGUY1) 
1477.7 In reply to 1477.6 

Brian,

That seems to be the #1 answer at present :-) 

As usual, we'll be interested onlookers, as the case progresses.

David "The Stunt Engraver" Lavaneri
DGL Engraving
Port Hueneme, CA

 

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 From:  brokenleg
 To:  ALL
1477.8 
I want to make sure Iam tied to this thread. Of all I have read, this should be good. I hate companies who try to control the market just because they can. I hope Sawgrass loses and no one does business with them.
Own Hillsborough Sign & Trophy have a roland 300 and a mextaza

EDITED: 21 Jun 2005 by DATAKES

 

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 From:  LaZerDude (C_BURKE)
 To:  Stunt Engraver (DGL) 
1477.9 In reply to 1477.5 
David,
You said

quote:
Who would spend the millions necessary, only to open the market to unbridled competition and watch the price of sublimation ink drop like a rock?


In the event that TOG would win, I do believe they would be entitled to reasonable "attorneys fees and court costs"..... at least I think this is true if this IS still AMERICA, most of which is now made in China. So it would probably not cost them millions after all. But I would be happy to do business with someone or a company that put truth, honesty, customer service, morals and value above profit. I don't think TOG would hurt at all, but would benefit from winning, even if the playing field did in fact "thin" due to lower prices.....

Rergardless, for those considering sublimation, do you know if the ArTanium ink, which I am told is less prone to clogging, has been re-formulated since SG "bought" them out?

EDITED: 1 Jul 2005 by C_BURKE

 

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 From:  Stunt Engraver (DGL)
 To:  LaZerDude (C_BURKE) 
1477.10 In reply to 1477.9 

Chuck,

Sublijet (Sawgrass Technologies) and ArTainium (Tropical Graphics) are definitely different formulas of ink. If TG has changed the formula of ArTainium ink, since they became a subsidiary of SG, or will do so in the future, is anyone's guess.

In the past, one of the sore points for sublimators, was the practice of an ink supplier changing formulations without notification. If the new formulation rendered the same colors, there was really no harm, as long as the formula change was meant to reduce clogging or introduce a blacker black.

It's when the change in formulation was a cost-cutting measure and repeatability of colors became unreliable that people got up in arms. Rightly so.

TOG is pursuing this case, partly, as a matter of principle. Bill Wellborn, the founder, was one of the pioneers in the industry and his son, Ty, who now runs the company, doesn't want to see his father retire, labeled as a patent infringer. Especially, since he was selling sublimation ink prior to the SG patents being filed.

David "The Stunt Engraver" Lavaneri
DGL Engraving
Port Hueneme, CA

 

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 From:  Stunt Engraver (DGL)
 To:  ALL
1477.11 In reply to 1477.10 

I spoke to a Sawgrass representative at the recent Long Beach NBM show.

I received a straight answer, to a straight question:

Q: "When will the SG vs. TOG battle ensue?

A: It's in progress.

David "The Stunt Engraver" Lavaneri
DGL Engraving
Port Hueneme, CA

EDITED: 6 Aug 2005 by DGL

 

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 From:  UncleSteve
 To:  Stunt Engraver (DGL) 
1477.12 In reply to 1477.11 

David,

As noted in another forum, the battle is TOG vs SG, not the other way around. TOG made a pre-emptory (SP) attack by bringing suit in Texas.

This could, IMHO, put SG at a disadvantage since they don't have their "relatives" hearing the case.

TOG has history on their side for creating/selling sublimation inks before SG's patents were filed.... They may, at the least, be exempted due to the prior commerce they engaged in. At the other end of the spectrum is a very remote possiblility that SG may be held liable for "using" TOG's formulations and methods. I don't know if TOG ever went for a patent attempt.

"Genius ain't anything more than elegant common sense." Josh Billings
 

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 From:  Stunt Engraver (DGL)
 To:  UncleSteve 
1477.13 In reply to 1477.12 
Steve,

Ooops! Got the letters backwards :-) 

Too many years of seeing SG go after infringers.

It will be interesting to see if TOG's prior activity with ink jet sublimation will trump the SG patent.

In any event, this case represents the last stand for those looking to break the SG/TG quasi-monopoly on the small format ink jet sublimation market.

David "The Stunt Engraver" Lavaneri
DGL Engraving
Port Hueneme, CA

 

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 From:  UncleSteve
 To:  Stunt Engraver (DGL) 
1477.14 In reply to 1477.13 

This all might be a moot point considering the new laser technology being released very shortly.... sublimation without "ink" may just put SG in their place...

With all due respect to Paul H. and his great crew, I would NOT be unhappy to see the whole SG empire go down in flames, attitude and all!


To quote Nathan Hale, "I only regret that I have but one life to lose for my country. ... " Perhaps contemporary situations call for changing life to company!!!

"Genius ain't anything more than elegant common sense." Josh Billings
 

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 From:  Stunt Engraver (DGL)
 To:  UncleSteve 
1477.15 In reply to 1477.14 
Steve,

I'm sure SG is thinking ahead. It wouldn't surprise me to find SG has patents on the direct-to-fabric printing technology.

Who knows? Maybe they have a hand in the new laser technology as well.

David "The Stunt Engraver" Lavaneri
DGL Engraving
Port Hueneme, CA

 

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 From:  UncleSteve
 To:  Stunt Engraver (DGL) 
1477.16 In reply to 1477.15 

Anything is possible but I can't see them letting a competitor get a foothold ahead of them.... and the system I am thinking of is not a direct to fabric process.

It is a laser printer to paper transfer which should offer great new flexibility to awards, plaques and any other coated hardgood as well as fabric. :-) 

"Genius ain't anything more than elegant common sense." Josh Billings
 

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 From:  Harvey only (HARVEY-ONLY)
 To:  UncleSteve 
1477.17 In reply to 1477.16 

Uncle Steve, you have seen my preexisting tech items on sale for that set of processes already. Doing fairly nicely also.

David has some samples also.

Philadelphia, PA (Really Bensalem)

Harvey's Tips Page When you finally understand it completely... it changes.

 

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 From:  UncleSteve
 To:  Harvey only (HARVEY-ONLY) 
1477.18 In reply to 1477.17 

Yes, I have seen them and they are terrific.....

This is just another step in getting away from the wet process. Just like with the inks, the toners keep improving and so does the output.

"Genius ain't anything more than elegant common sense." Josh Billings
 

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 From:  sroehlk (ELECTECH1)
 To:  Stunt Engraver (DGL) 
1477.19 In reply to 1477.1 
Any thing new with the lawsuit?
 

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 From:  Stunt Engraver (DGL)
 To:  sroehlk (ELECTECH1) 
1477.20 In reply to 1477.19 
Steve,

I don't know if you could call this news, but here's what TOG has under "Lawsuit" on their web site:

http://www.texasoriginalgraphics.com/id37.html

David "The Stunt Engraver" Lavaneri
DGL Engraving
Port Hueneme, CA

 
 
   
 

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