Solomon Tech's appeal in Toyota hybrid patent case denied
Filed under: Hybrid, Toyota, Legislation and Policy, USA
As we've just recently wrote, Toyota has been ordered to pay the very hefty sum of $4.3 million to Paice LLC for patent infringement related to its Hybrid Synergy Drive. At that time, we mentioned that Solomon Technologies had also sued Toyota regarding its hybrid vehicle technology and was appealing a previous ruling that Toyota did not infringe on one of its patents. There is good news this time for Toyota, as Solomon's appeal was denied by a three-judge panel. Solomon still believes that its patent was indeed infringed upon and claims that they "remain as determined as ever to defend our intellectual property fully and completely," according to Peter W. DeVecchis, President of Solomon Technologies. Solomon had asked that Toyota be forced to stop importing vehicles such as the hot-selling Prius, Camry and Highlander Hybrid models. Solomon has yet to determine whether or not it will continue forward with this particular case, as you can see in the press release pasted after the jump.
Press Release:
Solomon Announces Patent Case Decision
DANBURY, Conn., May 12 -- Solomon Technologies, Inc. today announced that the Court of Appeals for the Federal Circuit in Washington, DC generally affirmed the previously announced decision in the case of Solomon Technologies versus the Toyota Motor Corporation, and certain of its affiliates. The decision was rendered by a three judge panel of the full court.
Peter W. DeVecchis, President of Solomon commented, "Although we are disappointed in the Court's conclusion we will review it in detail. We have made no determination as to further steps we might take in this case. We remain as determined as ever to defend our intellectual property fully and completely."
Mr. DeVecchis continued, "While a favorable decision in this matter would have certainly been welcome, our underlying business is solid, our acquisition strategy is working and we expect to continue implementation of our plan during 2008. Although there has been considerable interest in this case over the last two years, it has never been, and is not now, an element of our operating plans or growth strategy. We are continuing to look at new opportunities for our intellectual property, are actively pursuing accretive acquisition targets and generating positive and growing operating results in our Power Electronics division. As we continue to execute on our operating plan, we believe now, more than ever, that the alternative and renewable energy segments offer substantial opportunities for our existing products and new products that we have in the pipeline."
As previously announced, 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.
Information about Solomon Technologies, Inc.: Solomon Technologies, Inc., through its Motive Power and Power Electronics divisions, develops, licenses, manufactures and sells precision electric power drive systems, including those utilizing its patented Electric Wheel® , Electric Transaxle(TM) and hybrid and regenerative technologies as well as direct current power supplies and power supply systems requiring high levels of reliability and ruggedness for defense, aerospace, marine, commercial, automotive, hybrid electric and all electric vehicle applications.
[Source: Solomon Technologies, Inc.]
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Reader Comments (Page 1 of 1)
5-13-2008 @ 6:56PM
Kevin Nugent said...
Its like as soon as a company are innovative and leads the way and make money off of new technology everybody wants a a piece and rip them apart!
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5-13-2008 @ 7:56PM
Woodenbee said...
I had a look at the paice and Solomon websites, this is just my educated guess, but theses guys don't make anything but patent lawsuits based on prospective patents, is that the case? I wasn't aware that people could "invent" things and just sit on them until someone actually made them viable and then sue for royalties, wow what a crappy system.
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5-13-2008 @ 10:08PM
Wave54 said...
You both need to learn about patents! If you invent a product or technology OR hold the patent, you are entitled to royalties if that product is manufactured or a technology is used during the time that the patent is active. Period.
You absolutely do not have to build the products yourself to qualify. In this case, Solomon Technologies did try to market the "Electric Wheel", a power, variable transmission and generator device for hybrid vehicles, to automakers during the 90s.
They currently have marine applications in use and a simplified version has been used by NASA on the Mars Rover.
Solomon presented a case that the Toyota PSD is remarkably similar in design, components and function to their design. The ITC (Int'l Tade Commission) did not find in their favor and they have appealed due to the fact that the ITC interpreted the patent to apply only to a device that runs at peak power, which it does not.
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5-14-2008 @ 5:37PM
Derek said...
Toyota never has had much of a history of original design anyways.
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5-14-2008 @ 5:48PM
Woodenbee said...
Well it's just odd how superficial and devoid of technical content their websites are, Paice and Solomon, and one had an address shown for their headquarters which appears to be a large house in a gated golf community in Florida, not exactly the manufacturing epicenter of alternative Vehicle drive systems. They appear to be making a mockery of the law, and winning, and also holding back legitimate company's from innovating and bringing good ideas to market.
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