Solomon Completes Infringement Case Against Toyota
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Solomon Completes Infringement Case Against Toyota
I had no idea that Toyota might have stolen this technology....this means that Toyota may not be able to sell hybrids in the U.S. anymore.
http://www.bloomberg.com/apps/news?p...d=a091enDg1BSM
TARPON SPRINGS, Fla., Nov. 6, 2006 (PRIMEZONE) -- Solomon Technologies, Inc. (OTCBB:SOLM) announced today that it has completed the trial portion of its patent infringement case against Toyota Motor Corporation (NYSE:TM) and certain of its affiliates for infringement of Solomon's Electric Wheel(tm) technology patent. Solomon has alleged that the Hybrid Synergy Drive(r) system installed in vehicles manufactured and imported by Toyota, such as the Prius, Highlander Hybrid, Camry Hybrid and the Lexus RX400h, infringe Solomon's U.S. Patent No. 5,067,932.
Solomon President Peter W. DeVecchis, Jr. said, "Solomon and its litigation team have completed the trial portion of its infringement action before the International Trade Commission in Washington, DC. Although litigation has never been our first choice to protect our intellectual property rights, I believe we presented a very strong case to the Administrative Law Judge and remain very confident in our position. There will be considerable post trial submissions in the form of written legal briefs and possibly follow-on questions from the court."
He continued, "With this portion of the effort nearly behind us, we will be intensifying our focus on expanding the licensing efforts of our patented technology as recently evidenced by our license with Hobie Cat, continuing the integration of the newly acquired Technipower business and targeting other acquisition opportunities. In addition, we expect shortly to announce results for the third quarter of 2006."
As previously announced, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. represents Solomon in its pending action against Toyota. Solomon brought suit against Toyota Motor Corporation, Toyota Motor Sales U.S.A. Inc. and Toyota Motor Manufacturing North America in the United States District Court for the Middle District of Florida, Tampa Division, on September 12, 2005, claiming infringement of Solomon's U.S. Patent Number 5,067,932, primarily relating to Toyota's use of the Hybrid Synergy Drive technology in its Prius and Highlander Hybrid vehicles. On January 11, 2006, Solomon filed an additional complaint against Toyota with the ITC seeking to exclude importation of the infringing technology. The action against Toyota and its affiliates in the United States District Court for the Middle District of Florida, Tampa Division, has been stayed pending resolution of the ITC action.
The ITC Administrative Law Judge is expected to issue his initial determination on or before January 18, 2007. If Solomon is successful in its ITC action, Toyota could be prohibited from importing into the United States any vehicle that utilizes the infringing combination motor and transmission systems including the Prius and Highlander models, the Camry Hybrid, the prodigy of the best selling mid-size car in the U.S. market, and the Lexus RX400h.
Information about Solomon Technologies, Inc.:
Solomon Technologies, Inc. develops, licenses, manufactures and sells electric power drive systems, including those incorporating hybrid and regenerative technologies incorporating Solomon's patented Electric Wheel(tm) and Electric Transaxle(tm), for marine, commercial, automotive, hybrid and all electric vehicle applications.
Forward Looking Statements: This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. The statements regarding Solomon Technologies, Inc. in this release that are not historical in nature, particularly those that utilize the terminology such as "may," "will," "should," "likely," "expects," "anticipates," "estimates," "believes," or "plans," or comparable terminology, are forward-looking statements based on current expectations about future events, which management has derived from the information currently available to it. It is possible that the assumptions made by management for purposes of such statements may not materialize. Actual results may differ materially from those projected or implied in any forward-looking statements. Important factors known to management that could cause forward-looking statements to turn out to be incorrect are identified and discussed from time to time in the company's filings with the Securities and Exchange Commission. The forward-looking statements contained in this release speak only as of the date hereof, and the company undertakes no obligation to correct or update any forward-looking statements, whether as a result of new information, future events or otherwise.
CONTACT: Solomon Technologies, Inc.
Peter DeVecchis
727-934-8778
www.solomontechnologies.com
Crescent Communications
David Long
203-226-5527
www.crescentir.com
Provider ID: 00108168 -0- Nov/06/2006 14:53 GMT
Last Updated: November 6, 2006 09:53 EST
Solomon President Peter W. DeVecchis, Jr. said, "Solomon and its litigation team have completed the trial portion of its infringement action before the International Trade Commission in Washington, DC. Although litigation has never been our first choice to protect our intellectual property rights, I believe we presented a very strong case to the Administrative Law Judge and remain very confident in our position. There will be considerable post trial submissions in the form of written legal briefs and possibly follow-on questions from the court."
He continued, "With this portion of the effort nearly behind us, we will be intensifying our focus on expanding the licensing efforts of our patented technology as recently evidenced by our license with Hobie Cat, continuing the integration of the newly acquired Technipower business and targeting other acquisition opportunities. In addition, we expect shortly to announce results for the third quarter of 2006."
As previously announced, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. represents Solomon in its pending action against Toyota. Solomon brought suit against Toyota Motor Corporation, Toyota Motor Sales U.S.A. Inc. and Toyota Motor Manufacturing North America in the United States District Court for the Middle District of Florida, Tampa Division, on September 12, 2005, claiming infringement of Solomon's U.S. Patent Number 5,067,932, primarily relating to Toyota's use of the Hybrid Synergy Drive technology in its Prius and Highlander Hybrid vehicles. On January 11, 2006, Solomon filed an additional complaint against Toyota with the ITC seeking to exclude importation of the infringing technology. The action against Toyota and its affiliates in the United States District Court for the Middle District of Florida, Tampa Division, has been stayed pending resolution of the ITC action.
The ITC Administrative Law Judge is expected to issue his initial determination on or before January 18, 2007. If Solomon is successful in its ITC action, Toyota could be prohibited from importing into the United States any vehicle that utilizes the infringing combination motor and transmission systems including the Prius and Highlander models, the Camry Hybrid, the prodigy of the best selling mid-size car in the U.S. market, and the Lexus RX400h.
Information about Solomon Technologies, Inc.:
Solomon Technologies, Inc. develops, licenses, manufactures and sells electric power drive systems, including those incorporating hybrid and regenerative technologies incorporating Solomon's patented Electric Wheel(tm) and Electric Transaxle(tm), for marine, commercial, automotive, hybrid and all electric vehicle applications.
Forward Looking Statements: This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. The statements regarding Solomon Technologies, Inc. in this release that are not historical in nature, particularly those that utilize the terminology such as "may," "will," "should," "likely," "expects," "anticipates," "estimates," "believes," or "plans," or comparable terminology, are forward-looking statements based on current expectations about future events, which management has derived from the information currently available to it. It is possible that the assumptions made by management for purposes of such statements may not materialize. Actual results may differ materially from those projected or implied in any forward-looking statements. Important factors known to management that could cause forward-looking statements to turn out to be incorrect are identified and discussed from time to time in the company's filings with the Securities and Exchange Commission. The forward-looking statements contained in this release speak only as of the date hereof, and the company undertakes no obligation to correct or update any forward-looking statements, whether as a result of new information, future events or otherwise.
CONTACT: Solomon Technologies, Inc.
Peter DeVecchis
727-934-8778
www.solomontechnologies.com
Crescent Communications
David Long
203-226-5527
www.crescentir.com
Provider ID: 00108168 -0- Nov/06/2006 14:53 GMT
Last Updated: November 6, 2006 09:53 EST
#2
Toyota will end up having to buy the patent from Solomon for an obscene amount of money, just to save face, and to keep producing their hybrid cars.
If Toyota did infringe on their design, I hope Solomon gets the semi truck load of cash they have coming to them.
If Toyota did infringe on their design, I hope Solomon gets the semi truck load of cash they have coming to them.
#3
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Wow, I had no idea about this case. I'm kind of hesitant to believe it, but in the past Toyota has stolen intellectual property and technology from Ferrari in F1 and has had a judgment against them, so who knows. We are just going to have to wait and see. Honestly, I'll probably not follow this case much until a verdict comes out.
#4
The fact that Toyota went to trial with this, means that either their claim or patent is bogus, because Toyota would have paid settlement if they thought they should have.
#5
Wow, I had no idea about this case. I'm kind of hesitant to believe it, but in the past Toyota has stolen intellectual property and technology from Ferrari in F1 and has had a judgment against them, so who knows. We are just going to have to wait and see. Honestly, I'll probably not follow this case much until a verdict comes out.
Then again, since Toyota created their own team, all of their engineers came from other teams - gotta understand that they didnt buy other outfits like BMW or Honda did.
#6
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I don't always agree with spwolf, but I think he has a point. Toyota wouldn't be fighting this if it were not a frivolous claim.
Another point that no one has brought up: Where would Ford fit into this? They use a lot of Toyota-derived hybrid technology in the Ford Escape and Mercury Mariner hybrids. Any hybrid-related case against Toyota could theoretically affect Ford as well....or Ford-owned Mazda when the Tribute Hybrid is released.
Another point that no one has brought up: Where would Ford fit into this? They use a lot of Toyota-derived hybrid technology in the Ford Escape and Mercury Mariner hybrids. Any hybrid-related case against Toyota could theoretically affect Ford as well....or Ford-owned Mazda when the Tribute Hybrid is released.
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I don't always agree with spwolf, but I think he has a point. Toyota wouldn't be fighting this if it were not a frivolous claim.
Another point that no one has brought up: Where would Ford fit into this? They use a lot of Toyota-derived hybrid technology in the Ford Escape and Mercury Mariner hybrids. Any hybrid-related case against Toyota could theoretically affect Ford as well....or Ford-owned Mazda when the Tribute Hybrid is released.
Another point that no one has brought up: Where would Ford fit into this? They use a lot of Toyota-derived hybrid technology in the Ford Escape and Mercury Mariner hybrids. Any hybrid-related case against Toyota could theoretically affect Ford as well....or Ford-owned Mazda when the Tribute Hybrid is released.
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#8
Lexus Fanatic
Simple. The cash isn't there right now.....and they already own part of Mazda. It would also require a vote by the Mazda board of directors and shareholders.
Back to the original point, though....wonder how this suit could affect Ford?
Back to the original point, though....wonder how this suit could affect Ford?
#9
Solomon took 15 years before deciding to expand their patents? right. They were just waiting for Toyota to make it popular so that they can cash in. Is there not a rule where you can file for a patent but there's x years or something such that if you didn't bother to market it, you can't sue someone else if they invented it and sold it?
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Solomon took 15 years before deciding to expand their patents? right. They were just waiting for Toyota to make it popular so that they can cash in. Is there not a rule where you can file for a patent but there's x years or something such that if you didn't bother to market it, you can't sue someone else if they invented it and sold it?
Yoy can understand why I am amused right now right?
#12
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The Ford ones I don't think will be affected as much as they do not have straight out copies of Toyota's Synergy.
I don't think it's going to go anywhere anyway, Toyota has improved on the Synergy drive so much since the the first gen Prius that I don't think they have a case.
#13
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thats not true at all. People who had worked for Ferrari, before they joined Toyota, have been on trial for using software they stole from Ferrari. German court never accused Toyota F1 of any wrongdoings...
Then again, since Toyota created their own team, all of their engineers came from other teams - gotta understand that they didnt buy other outfits like BMW or Honda did.
Then again, since Toyota created their own team, all of their engineers came from other teams - gotta understand that they didnt buy other outfits like BMW or Honda did.
I already stated I find Soloman's claims a little hard to believe, but Toyota isn't exaclty a saint when it comes to cheating in motorsports. Sure, everyone does it, but Toyota has two big black marks against them. One in F1 and the other in WRC.
Also, that is a cheap shot against Honda for taking over BAR. If you knew the Honda/BAR situation back in 2002 you wouldn't really be saying that Honda simply bought a team. It wasn't as simple as that. Everyone knew BAR was Honda. Honda has a much better F1 history including many constructors championships than Toyota does.
Last edited by CK6Speed; 11-13-06 at 01:00 AM.
#14
Legal mumbo jumbo aside, the fact that Toyota used Ferrari software no matter if it was stolen by ex Ferrari employee's that now work for Toyota and admitted in court that they had used the Ferrari software to develope their own is true. Toyota admitted it and refused to return the software with an excuse that they had too much of their own software embedded within the Ferrari software that it would give Ferrari too much of Toyota's information is also fact.
I already stated I find Soloman's claims a little hard to believe, but Toyota isn't exaclty a saint when it comes to cheating in motorsports. Sure, everyone does it, but Toyota has two big black marks against them. One in F1 and the other in WRC.
Also, that is a cheap shot against Honda for taking over BAR. If you knew the Honda/BAR situation back in 2002 you wouldn't really be saying that Honda simply bought a team. It wasn't as simple as that. Everyone knew BAR was Honda. Honda has a much better F1 history including many constructors championships than Toyota does.
I already stated I find Soloman's claims a little hard to believe, but Toyota isn't exaclty a saint when it comes to cheating in motorsports. Sure, everyone does it, but Toyota has two big black marks against them. One in F1 and the other in WRC.
Also, that is a cheap shot against Honda for taking over BAR. If you knew the Honda/BAR situation back in 2002 you wouldn't really be saying that Honda simply bought a team. It wasn't as simple as that. Everyone knew BAR was Honda. Honda has a much better F1 history including many constructors championships than Toyota does.
Toyota decided to create their whole team from scratch so they can LEARN the technology, not just buy it outright.
If Toyota did something wrong, then German court would have accused them of wrong doing and would have made them return the software, wouldnt it, not to mention damages? Or do you think that German court wants to protect TOYOTA? :-).
In motorsports, you try to do something better than others, there are always claims of cheating... and didnt Honda got banned from races and got points taken away by FIA last year due to cheating? How about Renault's constant walk on the line, or BMW's? Both had technologies specifically banned because they were not within the specs.
I dont see Toyota stock going down over Solomon's claims either, which means analysts dont belive it is an threat.
This has been going on for at least 3 last years, it is not something that just came out.
#15
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Solomon took 15 years before deciding to expand their patents? right. They were just waiting for Toyota to make it popular so that they can cash in. Is there not a rule where you can file for a patent but there's x years or something such that if you didn't bother to market it, you can't sue someone else if they invented it and sold it?
Javier
Last edited by javyLSU; 11-14-06 at 09:22 AM.