Minelab sues Deus

[Xraywolf]

Apparently ongoing for some time, haven't heard this and looked back 3 pages here and didn't see it posted.

Would be interested if there are any updates.

[h=1]Minelab Electronics alleges patent infringement[/h]
An Australian company is suing French company XP Metal Detectors and Massachusetts-based Detector Electronics Corp., citing alleged patent infringement.

Minelab Electronics PTY LTD filed a complaint on Oct. 19 in the U.S. District Court for the Western District of Pennsylvania against the defendants, alleging that they infringed on the plaintiff's patent through their distribution of a metal detector.
According to the complaint, the plaintiff alleges that it suffered damages to its business. The plaintiff holds XP Metal Detectors and Detector Electronics Corp. responsible because the defendants allegedly manufacture and offer for sale metal detectors that can store data, a feature that purportedly infringes on at least one aspect of the plaintiff's patent.
The plaintiff requests a trial by jury and seeks an injunction, damages, interest, court costs and any further relief this court grants. It is represented by Kent E. Baldauf Jr., Bryan P. Clark and Christian D. Ehret of The Webb Law Firm in Pittsburgh.

Minelab Electronics alleges patent infringement | Pennsylvania Record

 

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[vferrari]

Apparently ongoing for some time, haven't heard this and looked back 3 pages here and didn't see it posted.

Would be interested if there are any updates.

[h=1]Minelab Electronics alleges patent infringement[/h]
An Australian company is suing French company XP Metal Detectors and Massachusetts-based Detector Electronics Corp., citing alleged patent infringement.

Minelab Electronics PTY LTD filed a complaint on Oct. 19 in the U.S. District Court for the Western District of Pennsylvania against the defendants, alleging that they infringed on the plaintiff's patent through their distribution of a metal detector.
According to the complaint, the plaintiff alleges that it suffered damages to its business. The plaintiff holds XP Metal Detectors and Detector Electronics Corp. responsible because the defendants allegedly manufacture and offer for sale metal detectors that can store data, a feature that purportedly infringes on at least one aspect of the plaintiff's patent.
The plaintiff requests a trial by jury and seeks an injunction, damages, interest, court costs and any further relief this court grants. It is represented by Kent E. Baldauf Jr., Bryan P. Clark and Christian D. Ehret of The Webb Law Firm in Pittsburgh.

Minelab Electronics alleges patent infringement | Pennsylvania Record

Yep I posted similar info in two threads dealing with the Deus 4.0 update as it seems this may very well result in further delays in releasing the update in the US.

Detectors that store data...now that's specific. More money for lawyers I guess.

 

[rick67]

What a PITA, I want that pointer.

 

[masterjedi]

This is why the new DEUS updates have not came out.. Sad
They will not come out until this lawsuit is done...

 

[kcm]

It's not possible to make a patent that stops any other manufacturer from storing data, so there must be something very specific about how each does it that they feel is too similar. That would be like Ford have saying years ago that no other auto manufacturer could build using assembly lines.

 

[vferrari]

I read the patent and its pretty lacking in detail and high level. Not sure how they got it.

 

[waynedig]

If its just "storage of data" I'd say Minelab is going to loose that one. They seem like fairly smart folks and seem that they likely wouldn't undertake something that is base-less. Why isn't Minelab also suing all the other detector companies that "store data" in the device? Some people suspect the story isn't reported right - more fabricated news perhaps LOL. Infringement of Minelab's intellectual property - now that would be something worth fighting for.

Does anyone know the patent number this case concerns?

 

[Xraywolf]

Patent No. 7310586 B2 (or US20050062476). case no. : 16-CV-01594-MRH



Metal detector with data transfer
US 7310586 B2
Abstract
A metal detector adapted to generate a transmit search signal and to receive a receive search signal, and to analyse such received search signal, wherein the detector is adapted to allow a selection of operating parameters for each of these functions, said selection being effected by the storage as data in a memory of such selection, characterised in that the detector is adapted to allow such stored data to be modified in accordance with data in an external store, further characterised in that there is a digital data communication transmission program, adapted to effect a transmission of some or all of the stored data through a data transmission means to enable a further metal detector to receive and store for use in such further detector the said data.

 

[Xraywolf]

Here is a slew of info on the case, if anyone versed in legal mumbo jumbo can translate I'd be much obliged


https://www.pacermonitor.com/public...ELECRONICS_PTY_LTD_v_XP_METAL_DETECTORS_et_al

 

[Deft Tones]

Perhaps it is not the metal detector so much as it could be the new phone app and whatever capabilities the app has and how it integrates with the machine.

Doesn't minelab have some similar app for the CTX or the Go-Find?

 

[waynedig]

Dunno, but my guess is that it could be an Intellectual Property type of suit, the NOS (nature of suit) is 830; check Xraywolfs case link and then this link:
Key Nature of Suit Codes (KNOS)

 

[Treasure_Hunter]

If its just "storage of data" I'd say Minelab is going to loose that one. They seem like fairly smart folks and seem that they likely wouldn't undertake something that is base-less. Why isn't Minelab also suing all the other detector companies that "store data" in the device? Some people suspect the story isn't reported right - more fabricated news perhaps LOL. Infringement of Minelab's intellectual property - now that would be something worth fighting for.

Does anyone know the patent number this case concerns?

Minelab has some high quality patent lawyers and not in habit of losing these kind of lawsuits, you can bet they have legal grounds for the suit if they filed it. Remember they won the lawsuit against Whites in 2010

November 20, 2017 A New Beginning!

 

[Xraywolf]

Minelab has some high quality patent lawyers and not in habit of losing these kind of lawsuits, you can bet they have legal grounds for the suit if they filed it. Remember they won the lawsuit against Whites in 2010

November 20, 2017 A New Beginning!

Agree, not likely to be frivolous ... Which of course doesn't mean they will win, only that a sound legal basis exists.

Hopefully doesn't drag out for too much longer.

 

[vferrari]

Perhaps it is not the metal detector so much as it could be the new phone app and whatever capabilities the app has and how it integrates with the machine.

Doesn't minelab have some similar app for the CTX or the Go-Find?

Might be on to something there.

 

[vferrari]

Dunno, but my guess is that it could be an Intellectual Property type of suit, the NOS (nature of suit) is 830; check Xraywolfs case link and then this link:
Key Nature of Suit Codes (KNOS)

I think all patent infringement suits are Intellectual Property related. The inellectual property being contained within the patent. Not a lawyer, nor do I play one on TV.

 

[waynedig]

I think all patent infringement suits are Intellectual Property related. The inellectual property being contained within the patent. Not a lawyer, nor do I play one on TV.

... you could have fooled me vferrari :-)

Seriously though; the way I understanding it patent infringement suites could be copyright related or trademark related or could be IP related and probably a bunch of other things related.

 

[vferrari]

Actually, I think trademarks and copyrights are separate from patents but all of these are considered intellectual property. Hence, all patent infringement cases are IP related. Again, not a lawyer, so you lawyers can set me straight, but as an engineer, I have been involved in patent reviews.

 

[kcm]

Copyrights, trademarks and patents are 3 different animals, but all from the same species - if that makes any sense. They are all forms of protection, but each covers different things. Might wanna check out http://www.uspto.gov/

 

[Keppy]

I am not a attorney like all you are with all this copyrights , trademarks , & patents.. But if Deus was to steal one of Minelab's ideas then let them pay the piper.

 

[vferrari]

Can't disagree. However, it is possible that a patent was granted that was broadly written to the effect that Minelab's idea is a detector that transmits and stores data (the patent referenced that I saw did not give much details on the engineering hows and there is some debate as to whether this is the patent minelab is actually saying was infringed upon by XP). All I know is that minelab has not marketed anything remotely similar to the Deus other than the GO series (and performance wise they are not in the same league as the Deus), so maybe they are not technologically where XP is in bringing something to market or may never be, but if everyone else who can bring the tech to market gets sued for their efforts due to a broadly written patent, then we lose by not having access to that technology. So I am very interested in what minelab is actually saying was infringed. Guess we'll have to let the courts figure it out.