Goyena
Member
Registered: Nov 1999
Location:
Posts: 145 |
quote: Originally posted by BrainMan:
I do not currently, nor will I in the future, ever use, purchase, manufacture, etc. any clear, nor polarised, thin film to protect my electronic instrument's screen. It is my intention to not infringe upon your patent, in any way whatsoever.
Manufacturing a thin plastic film for personal use without introducing to the markets or retail sale is still allowed of course. The patent laws aren't out there to dictate that a single person is entitled to a unique thought/idea and all others must pay that person in order to have similar thoughts.
Also, one should stress that Warman's effectiveness lies solely in his scare/bully factor. Granted most people react negatively when he waves around his patent doc and lawyer, since (can I assume) that most of don't have a personal lawyer at our beck and call.
From what I gathered in this thread, it seems that EasyPeel was only threatened with legal action, and their site was taken off line temporarily since the web hoster wanted to avoid conflict, hiding behind their own legal specialist's decision without the whole situation even being heard in front of a judge.
To put it in other words: basically anyone is entitled to make AND sell plastic screen protectors; they must only face the facts and recognize that others have a right to try and claim infringement, even when there is none. If you are less than honest (or highle entrepreneurial), you can intentionally infringe on an existing patent, and then challenge it in a court of law. If, however, you decide that your screen protector is different enough to be its own product (and thus merit its own patent) you can go and get your own patent.
If Warman (and my 8-ball says the chances are very good) sicced his pit attorneys on you anyway, then the judge will decide, not Mr. B.W. Inventor (sounds a little like Wile E. Coyote, doesn't it...hahah-sorry. Ahem.) if it is indeed infringement.
Does anybody know if he has actually won an infringement case, or merely intimidated people into paying?
Any (independent) patent attorneys out there? Would it suffice to create, say, a PDA UV-screen protector? Something that you can place on a screen which absorbs UV rays and prevents PDAs from getting sunburn. Heck, you can even say it prevents the harmful UV from being reflected back into your sensitive (virgin or otherwise) eyes.
Even though I can imagine that such a patent was acutally granted, I can imagine that a judge in an infringement case would not just dismiss the case. How can anyone have a patent on the act of sticking any bloody piece of plastic in any shape, form or chemical make-up on any electronic device under the sun?
Look at current events: the Xerox vs. Palm Graffiti case. Unistroke or Graffiti, EasyPeel, WriteRight or the V.S.Protective Shield(TM). Hmm, that name is about one letter away from sounding like a contraceptive device.
One more thing, Warman does (exotic punctuiation notwithstanding) recognize other types of screen protectors: quote: While testing our screen protectors. We found that they will last from one (1) month under normal use to one (1) year on a different type(s) of screen protector.
"...on a..."??? Or perhaps thi(e)s(e) statement(s) merely means that (2) two screen protector(s) (of different type[s]) are better than (1) one.
Oh, this is (2) too much...
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