Goodbye Supertrickler?

[Dolomite]

A manufacture doesn't have to be in the US to affect US customers. Simply, a product found to be in violation of a patent would simply be blocked from import into the US. Last I checked, ST said they have a service center in the US, as well.

How would the Govt much less customs know the product is patent infringement when there is a huge list of items that went through the court system? They don’t open and inspect all packages arriving in the US and scanning boxes would be hard to tell if that particular product is prohibited from import into the USA.

Patent or copy right disputes takes years in court. They need experts to prove that the design is in violation of the patent to the exact way the wording or description is in the patent.

It will have to go to court for vista to get a stop order on the sales and import of the product.

 

[WSnyder]

How would the USA much less customs know the products is patent infringement? They don’t open and inspect all packages arriving in the US and scanning boxes would be hard to tell if that particular product is prohibited from import into the USA .

Exactly. That’s not their job. They are mostly interested in making sure duty is paid to .gov. They are a tax collector if only indirectly. In my experience they rarely if ever open anything. They might sniff it with dogs but mostly look at the pro forma invoice for HTS codes and value to designate how much duty at what percentage is to be collected by the shipper or broker.

FWIW the reason I mentioned the dogs is many times I was told by my broker that my shipment had not been released because a sniff dog was not available yet and would sit until one was.

 

[Dolomite]

Exactly. That’s not their job. They are mostly interested in making sure duty is paid to .gov. They are a tax collector if only indirectly. In my experience they rarely if ever open anything. They might sniff it with dogs but mostly look at the pro forma invoice for HTS codes and value to designate how much duty at what percentage is to be collected by the shipper or broker.

That is so true as long as they get their tax money and its not drugs or dangerous explosive materials everything else just goes through the process.

 

[Rocketvapor]

Customs does go after copyright infringement, like fake purses.
Don't import your parts in a fake purse and all be good

 

[NiteQwill]

How would the Govt much less customs know the product is patent infringement when there is a huge list of items that went through the court system? They don’t open and inspect all packages arriving in the US and scanning boxes would be hard to tell if that particular product is prohibited from import into the USA.

Patent or copy right disputes takes years in court. They need experts to prove that the design is in violation of the patent to the exact way the wording or description is in the patent.

It will have to go to court for vista to get a stop order on the sales and import of the product.

Do you think Joe Schmoe CBP agent is gonna open every single box? NO. Of course not. The process of preventing importation happens well before it reaches US soil...

Lawyers/courts will gladly send Rex/ST a kind letter that will tell him NOT to send products into the US under threat of legal action. This is what happens in real life. He would be legally forced to prevent shipments into the US.

Remember, Vista doesn't need to prove anything in the initial filing.

 

[dcali]

Vista is scared of the competition. No way this is worth $50k to them. They'll burn through that in no time just dealing with it.

 

[Matt in Virginia]

2500 lost customers to Vista is nothing.

Their die sales speak that in volumes...

 

[NiteQwill]

 

[divingin]

He told me that it's very common to receive similar letters from companies claiming patent infringement. It's basically their way of bluffing you into quitting.

Rumor had it that prior to the 70's, just about any new electronic device would be met with a patent infringement claim filed by RCA. They would threaten legal action in hopes of getting the innovator to quit, leaving the new device up for grabs. They had the capital (and lawyers on hand) to pursue that kind of business model, and it apparently worked pretty well.

 

[rebs]

sounds to me like Vista is a money hungry outfit.

 

[3Ackleys]

sounds to me like Vista is a money hungry outfit.

Sadly there are only two types of "outfits" money hungry and no longer in existence.

 

[NiteQwill]

sounds to me like Vista is a money hungry outfit.

If you don't defend a patent, it isn't enforceable. Vista made the right call. In addition, Rex made the right call. This is the cheaper alternative for him.