On the news today:
Friday February 10, 5:50 AM EST

TOKYO (Reuters) - A U.S. trade body is to investigate a complaint that Toyota Motor Corp.'s popular Prius and Highlander hybrid models infringed a patent, according to the body's website.
The U.S. International Trade Commission (ITC) will look at a claim that the patent is owned by Florida-based Solomon Technologies Inc., it said.

Solomon Technologies filed a complaint with the panel last month saying the hybrid transmission in the two popular vehicles infringed its patent related to motor and transmission systems.

If the ITC agrees with Solomon, Japan's top auto maker could be banned from importing the systems and the Prius and Highlander hybrid models that they power. The ITC said opening a case does not mean it has made any decision on the merits.

A Toyota spokesman said it cannot comment on ongoing cases.

In September, Solomon applied to a Florida federal district court for an injunction against Toyota barring infringement and damages for unauthorized use of its patented technologies.

Toyota sold 110,000 Prius models and 18,800 Highlander hybrid SUVs in North America last year.


©2005 Reuters Limited.

 

I wonder if they sought a "preliminary injunction"; if they did, then we would have heard if they got one (it would have stopped Toyota production, probably), and if they tried and didn't get it, it might mean they don't have much of a case. BUT they might not have tried for the preliminary relief.

In any event, the whole thing will probably work out by Toyota paying this outfit a bunch of money (if it looks like they have a case), in settlement and/or to license the technology. What they want is probably $$$, not to actually stop Toyota from producing; how it plays out will depend on how greedy they are, and how good their case is. But I doubt Toyota will actually stop production at any time. (IMHO)

 

I smell a rat. Why wait until now to file a complaint on patent infringement? If that was really the case don't you think they would have filed a long time ago?

 

Last month, I finally tossed out our old Kodak instant camera. It too ran afowl of a patent. Today, digital cameras have killed off polaroid cameras too. The reason I mention this is we don't have the evidence that will be brought to court or up for ajudication. Patents and patent law is somewhat archane but occasionally deadly effective.

Let's wait until the evidence is presented and we get a chance to read what each side presented in court. Then we'll be in a postion to comment on the relative merits of each case.

Bob Wilson

 

Apple tried to sue Microsoft for stealing "their GUI" (that Xerox invented). It got them nowhere. This might be different, but doubt Toyota is going to lose.

 

Apple's first attempt was thrown out of court, but they eventually caught M$ with their pants down and they got a large cash settlement. There was pieces of Mac OS code in Windows 95. They didn't make a big fuss about it, but you probably heard about Microsoft making a big 'investment' in Apple... That's why.

 

And here they go again . . . this time for real. Outcome expected for 2008 though. This company had this thing patented way before Toyota and even tried to sell/showed it to them. Nasa bought it and I suspect it is still rolling on Mars surface. We'll see . . .