German Court Rules For Shimano, Against SRAM in Patent Case

Discussion in 'Mountain Bikes' started by Slacker, Jun 20, 2003.

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  1. Slacker

    Slacker Guest

    www.bicycleretailer.com JUNE 20, 2003 -- MUNICH, Germany (BRAIN)--Shimano won a patent infringement
    suit against SRAM in a German District Court--a decision that could halt SRAM's shipment of its
    Powerglide II cassettes into Europe's largest bicycle market.

    SRAM stated in a press release that it will immediately file for a stay of execution and appeal
    the decision.

    The case revolves around Shimano's European Patent 0 313 345 on its Hyper Glide technology. Shimano
    brought the case against SRAM Deutschland GmbH, its director, Kai-Uwe Rude, and SRAM Corporation
    Europe Livisham Limited, said Harald Troost, Shimano Europe's press spokesman.

    Troost said that Shimano is advising all its customers that it intends to enforce this decision
    against the defendants in order to protect Shimano's legal rights.

    "Following the decision of today (June 16) SRAM Deutschland GmbH and the other defendants in this
    case will no longer be allowed to market its 'Powerglide II' brand cassettes (sold under their 5.0
    and 7.0 trademarks) in Germany, even if SRAM exercises its right to appeal the decision because
    Shimano intends to secure a deposit to enforce its patent rights," Troost said.

    The administrative processes that could lead to a ban will take several weeks, during which SRAM
    indicated it will file for a stay of execution and appeal the court decision. If the court grants
    SRAM a stay, it can continue shipping the contested pieces into Germany. If not, it would have to
    win on appeal.

    The SRAM cassettes are eight- and nine-speed cogsets for mountain bikes.

    --
    Slacker
     
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  2. David Kunz

    David Kunz Guest

    Slacker wrote:
    > www.bicycleretailer.com JUNE 20, 2003 -- MUNICH, Germany (BRAIN)--Shimano won a patent
    > infringement suit against SRAM in a German District Court--a decision that could halt SRAM's
    > shipment of its Powerglide II cassettes into Europe's largest bicycle market.
    >
    > SRAM stated in a press release that it will immediately file for a stay of execution and appeal
    > the decision.
    >
    > The case revolves around Shimano's European Patent 0 313 345 on its Hyper Glide technology.
    > Shimano brought the case against SRAM Deutschland GmbH, its director, Kai-Uwe Rude, and SRAM
    > Corporation Europe Livisham Limited, said Harald Troost, Shimano Europe's press spokesman.
    >
    > Troost said that Shimano is advising all its customers that it intends to enforce this decision
    > against the defendants in order to protect Shimano's legal rights.
    >
    > "Following the decision of today (June 16) SRAM Deutschland GmbH and the other defendants in this
    > case will no longer be allowed to market its 'Powerglide II' brand cassettes (sold under their 5.0
    > and 7.0 trademarks) in Germany, even if SRAM exercises its right to appeal the decision because
    > Shimano intends to secure a deposit to enforce its patent rights," Troost said.
    >
    > The administrative processes that could lead to a ban will take several weeks, during which SRAM
    > indicated it will file for a stay of execution and appeal the court decision. If the court grants
    > SRAM a stay, it can continue shipping the contested pieces into Germany. If not, it would have to
    > win on appeal.
    >
    > The SRAM cassettes are eight- and nine-speed cogsets for mountain bikes.

    What part of the design is Shimano claiming is patent infringement?

    David
     
  3. Slacker

    Slacker Guest

    "David Kunz" <[email protected]> wrote in message
    news:[email protected]...
    > Slacker wrote:
    > > www.bicycleretailer.com JUNE 20, 2003 -- MUNICH, Germany (BRAIN)--Shimano won a patent
    > > infringement suit against SRAM in a German District Court--a
    decision
    > > that could halt SRAM's shipment of its Powerglide II cassettes into Europe's largest bicycle
    > > market.
    > >
    > > SRAM stated in a press release that it will immediately file for a stay of execution and appeal
    > > the decision.
    > >
    > > The case revolves around Shimano's European Patent 0 313 345 on its Hyper Glide technology.
    > > Shimano brought the case against
    SRAM
    > > Deutschland GmbH, its director, Kai-Uwe Rude, and SRAM Corporation Europe Livisham Limited, said
    > > Harald Troost, Shimano Europe's press spokesman.
    > >
    > > Troost said that Shimano is advising all its customers that it intends to enforce this decision
    > > against the defendants in order
    to
    > > protect Shimano's legal rights.
    > >
    > > "Following the decision of today (June 16) SRAM Deutschland GmbH and the other defendants in
    > > this case will no longer be allowed
    to
    > > market its 'Powerglide II' brand cassettes (sold under their 5.0 and 7.0 trademarks) in Germany,
    > > even if SRAM exercises its
    right to
    > > appeal the decision because Shimano intends to secure a deposit to enforce its patent rights,"
    > > Troost said.
    > >
    > > The administrative processes that could lead to a ban will take several weeks, during which SRAM
    > > indicated it will file for a
    stay
    > > of execution and appeal the court decision. If the court grants SRAM a stay, it can continue
    > > shipping the contested pieces into Germany. If not, it would have to win on appeal.
    > >
    > > The SRAM cassettes are eight- and nine-speed cogsets for mountain bikes.
    >
    > What part of the design is Shimano claiming is patent infringement?
    >
    > David

    I'm not exactly sure on all the gory details (I'm just the weak newsboy), but it sounds like Sram's
    Powerglide technology, which shapes the teeth in a way that the chain can engage two sprockets at
    the same time thereby smoothing out the transition, is at the crux of it.

    ref: http://www.sheldonbrown.com/dura-ace.html http://www.singletrackworld.com/article.php?sid=1037

    --
    Slacker
     
  4. Technician

    Technician Guest

    Slacker <[email protected]> spoke thusly...
    > "David Kunz" <[email protected]> wrote in message
    > news:[email protected]...
    > > Slacker wrote:
    > > > www.bicycleretailer.com JUNE 20, 2003 -- MUNICH, Germany (BRAIN)--Shimano won a patent
    > > > infringement suit against SRAM in a German District Court--a
    > decision
    > > > that could halt SRAM's shipment of its Powerglide II cassettes into Europe's largest bicycle
    > > > market.
    > > >
    > > > SRAM stated in a press release that it will immediately file for a stay of execution and
    > > > appeal the decision.
    > > >
    > > > The case revolves around Shimano's European Patent 0 313 345 on its Hyper Glide technology.
    > > > Shimano brought the case against
    > SRAM
    > > > Deutschland GmbH, its director, Kai-Uwe Rude, and SRAM Corporation Europe Livisham Limited,
    > > > said Harald Troost, Shimano Europe's press spokesman.
    > > >
    > > > Troost said that Shimano is advising all its customers that it intends to enforce this
    > > > decision against the defendants in order
    > to
    > > > protect Shimano's legal rights.
    > > >
    > > > "Following the decision of today (June 16) SRAM Deutschland GmbH and the other defendants in
    > > > this case will no longer be allowed
    > to
    > > > market its 'Powerglide II' brand cassettes (sold under their 5.0 and 7.0 trademarks) in
    > > > Germany, even if SRAM exercises its
    > right to
    > > > appeal the decision because Shimano intends to secure a deposit to enforce its patent rights,"
    > > > Troost said.
    > > >
    > > > The administrative processes that could lead to a ban will take several weeks, during which
    > > > SRAM indicated it will file for a
    > stay
    > > > of execution and appeal the court decision. If the court grants SRAM a stay, it can continue
    > > > shipping the contested pieces into Germany. If not, it would have to win on appeal.
    > > >
    > > > The SRAM cassettes are eight- and nine-speed cogsets for mountain bikes.
    > >
    > > What part of the design is Shimano claiming is patent infringement?
    > >
    > > David
    >
    >
    > I'm not exactly sure on all the gory details (I'm just the weak newsboy), but it sounds like
    > Sram's Powerglide technology, which shapes the teeth in a way that the chain can engage two
    > sprockets at the same time thereby smoothing out the transition, is at the crux of it.
    >
    > ref: http://www.sheldonbrown.com/dura-ace.html
    > http://www.singletrackworld.com/article.php?sid=1037
    >
    > --
    > Slacker
    >
    >
    >

    I thought that was a normal thing? last i checked my cogset, the chain could span two cogs and still
    line up with teeth.

    I assume there is more to it than that.
    --
    ~Travis

    http://www.megalink.net/~farmers/
     
  5. Tony Raven

    Tony Raven Guest

    In news:[email protected], David Kunz
    <[email protected]> typed:
    >
    > What part of the design is Shimano claiming is patent infringement?
    >

    According to the EPO database the invention is:

    "The invention discloses a multistage sprocket assembly which assembles at least one larger diameter
    sprocket (1) and at least one smaller diameter sprocket (2) in the relation that the center between
    a pair of adjacent teeth at the larger diameter sprocket is positioned on a tangent extending from
    the center between a pair of adjacent teeth at the smaller diameter sprocket, makes a distance
    between both the centers equal to an integer multiple of chain pitch, and is provided at the inside
    surface of the larger diameter sprocket and at the position corresponding to a moving path of a
    driving chain (3) travelling between the centers with a chain guide portion
    (4) for allowing the chain (3) to deviate toward the larger diameter sprocket (4)."

    The full patent text is at http://l2.espacenet.com/espacenet/viewer?PN=EP0313345&CY=gb&LG=en&DB=EPD
    if you want to read it.

    Tony

    --
    http://www.raven-family.com

    "All truth goes through three steps: First, it is ridiculed. Second, it is violently opposed.
    Finally, it is accepted as self-evident." Arthur Schopenhauer
     
  6. David Kunz

    David Kunz Guest

    Tony Raven wrote:
    > In news:[email protected], David Kunz
    > <[email protected]> typed:
    >
    >>What part of the design is Shimano claiming is patent infringement?
    >>
    >
    >
    > According to the EPO database the invention is:
    >
    > "The invention discloses a multistage sprocket assembly which assembles at least one larger
    > diameter sprocket (1) and at least one smaller diameter sprocket (2) in the relation that the
    > center between a pair of adjacent teeth at the larger diameter sprocket is positioned on a tangent
    > extending from the center between a pair of adjacent teeth at the smaller diameter sprocket, makes
    > a distance between both the centers equal to an integer multiple of chain pitch, and is provided
    > at the inside surface of the larger diameter sprocket and at the position corresponding to a
    > moving path of a driving chain (3) travelling between the centers with a chain guide portion
    > (4) for allowing the chain (3) to deviate toward the larger diameter sprocket (4)."
    >
    > The full patent text is at
    > http://l2.espacenet.com/espacenet/viewer?PN=EP0313345&CY=gb&LG=en&DB=EPD if you want to read it.
    >
    > Tony

    That one seems like a "well d'uh" to me (i.e., not patentable -- common approach). But then again, a
    lot of other things that are patentable seem unlikely to me <sigh>.

    David
     
  7. Tony Raven

    Tony Raven Guest

    In news:[email protected], David Kunz
    <[email protected]> typed:
    >
    > That one seems like a "well d'uh" to me (i.e., not patentable -- common approach). But then again,
    > a lot of other things that are patentable seem unlikely to me <sigh>.
    >

    The usual retrospectoscope perspective though as you cannot patent anything that has been done
    before or is obvious. Unlike the US Patent Office which often leaves it to the Courts to decide, the
    European Patent Office exercises typical Germanic thoroughness in applying that test.

    Tony

    --
    http://www.raven-family.com

    "All truth goes through three steps: First, it is ridiculed. Second, it is violently opposed.
    Finally, it is accepted as self-evident." Arthur Schopenhauer
     
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