Halcyon sueing OxyCheq, US Divers and others?

[Genesis]

Oh I know.

The entire thing stinks to high hell. I've done some low-level digging around the corporate records and patent applications involved, and there's a spider-web (very intentionally-created) of entities in this thing.

Its too clever by half, actually. It doesn't really prevent anyone from figuring out who's connected to what, but what it DOES do is make getting recompense for harassment-by-lawsuit far more difficult.

IMHO there are good reasons to use this kind of multiple-entity thing (e.g. a dive boat owned by the same folks who own a dive SHOP) but this isn't one of them.

 

[FFMDiver]

I just bought a used halcyon plate & harness. Looks like I'll be "doing it right" by finishing it off with an Oxycheq wing...

 

[d33ps1x]

I see no link to documents, etc...

 

[caveseeker7]

Companies served:

So far, they've served DiveRite, OMS, Cressi-Sub USA, Tabata USA (TUSA), Deep Outdoors, DiveTek, Hughco Sales, Custom Buoyancy and International Divers (IDI) and they served Sherwood, Abysmal and OxyCheq at DEMA, distasteful at best and probably a violation of DEMA policy.

Products sold at EE:
Aqualung/Apeks/Suunto, Brownies Third Lung; DUI International, Halcyon, Mares, Scubapro/Uwatec

Products sold by Brownies Southport Divers:
Halcyon; DUI International, Mares, Scubapro/Uwatec

Guess they both realize empty store shelves aren't good and Halcyon/Brownies alone ain't gonna cut it.

 

[gj62]

I don't know Halcyon's size and while not a patent attorney, I've been involved in patent fights - here's my guess...

If it was a "clean win" - infringement without a doubt - it would be settled before now for license fees or a voluntary injunction.

Unfortunately, during the pending process (you've all seen "patent pending", right?) nobody from a competitor came forward to indicate why the patent shouldn't be granted. In point of law, that does not matter - if anyone can prove that the idea existed before the patent, the patent will be voided. However, that is not nearly as simple (read: cheap) as it sounds once the patent has been approved.

My guess is that this is a power play by a company that has had some success (and either money or deep pockets) that wants to try and shut the door on competitor(s).

At best, these things are normally handled out of the press, and even without a suit. At worst, it will only (a) make attorneys some $$$s and (b) lessen each company's commitment to their products. Why (b)? Would you keep investing in a product you could lose the rights to, or not have a clear advantage in?

I don't recommend doing anything drastic in the next few days, but if I were buying equipment (which, in fact, I am), I might wait a little while (which, in fact, I will) before buying from these companies (on either side of the suit). I get the idea none of them exactly have the resources for protracted legal battle. If so, they'll probably try to settle, which will cost the companies money (only the attorneys will win).

In a word, "Damn" (sorry for the language...)

 

[d33ps1x]

Is there any links to anything or is this yet another stop on the Cyberlaw Institute of North America lecture circuit.

 

[LadyHog283]

I can't say much about the others pockets, but Aqualung is owned by Air Liquide http://www.airliquide.com/ and I'll bet their pockets are a lot deeper than Halcyon's.

 

[Scubaroo]

Is there any links to anything or is this yet another stop on the Cyberlaw Institute of North America lecture circuit.

Ben (OneBrightGator) has already said he has a PDF available that's too large to upload to ScubaBoard (and it probably shouldn't be uploaded here anyway), and that people can send him a PM to request it.

I'm keeping my nose out of this one as it's too close to home and the lawsuit is still pending.

 

[GDI]

Hey are they Doing it right?

 

[nyresq]

yes, I belive all the lawyers have a little blue "H" on their briefcases.... They must be DIR...