what about them lawsuits ...

[okeanos]

This thread has become quite a tutorial in patent law.

Perhaps some additional information might be of interest.

http://www.uwimaging.com/us/History.htm

Light & Motion is in fact being sued for this very product (SunRay) that they have been selling since 1996. Go figure.

Sartek did not invent the use of HID underwater.

Sartek advertised their HID-1 lighting system in the Summer 1998 issue of Immersed and then waited over a year and a half to file their provisional application on Feb. 18, 2000.

Also see > http://www.usdct.org/dive_lights.htm
and note the date on this page. AUL was potting HID ballasts during this period of time.

The Sartek patent is specific to DC HID lamps containing a cathode and an anode. Numerous companies of the "lucky 24" being sued, use only AC HID lamps. One example being the 35w HID-Xenon automotive type lamp. But.. details, details....

The patent is specific to putting the ballast next to the lamp (novel indeed...). Also see> http://www.birns.com/magnetic.html

this DC, battery powered, HID UW light incorporating the "electronic" ballast in the same housing as the lamp, has been sold since before 1980.

The legal types might be further interested to know that the inventor has "disclaimed" claims 1,2 and 8.

Anyone know anyone with a Sartek HID-1 lighting system that was purchased before Feb. 18, 1999? There's a $2,000 bounty out for one of these, if the date of purchase can be solidly documented. Help in locating one of these would be greatly appreciated.

Sartek has cost a lot of folks a lot of time and money.

 

[bama_diver]

And the question remains ... what, if anything, can they do about the garage guru doing the DIY thing using their "patented" technology?

Well, in a wird nothing! Patents do not prohibit individuals from making patented items for their individual use. Someone could evne sell a partial kit and a parts list for a patented item.

I used a Sartek and from that experience I would not buy one, maybe they have improved their product. They are easy to build though. Initially the hardest part was finding welch allyn! lol

Safe Diving

 

[nitrox1]

So, if a product is being advertised and sold in the open market, how long before it is deemed public domain if it does not have a patent on it? If the answer is a year, then it seems to me that sartek does not have a leg to stand on because of so much prior art, years before they first applied for there patent.

 

[SDAnderson]

If you can establish "prior art" to Sarteks claim, the Defendant's attorneys desperately want to talk to you!

Here's some stuff about prior art and what happens if you don't file a patent application in a timely manner.

 

[nyresq]

ooof, that "stuff" is quite complicated to spell out in any easy terms. But it looks like if sartek wants to lay claim to having the first and only one when the patent was sent in, then they will have a hard time dismissing the other companies out there that were making the same type at the same time. (see the link to the other HID light company with the timeline) I can't see them winning if they took that long to file the patent after putting it on the market and having other copy it. And why wait for all this time to say they have been infringing (sp?) on sarteks patent?

 

[shunx91]

Has anyone heard anything about Sartek and their lawsuits in the last 5 months?

Paradaiscubapro mentioned that HID lights above 18w will not violate this patent, is this true?

Sorry for jumping into this thread after so many months. I work in the automotive industry and my buddy who is into scuba diving was telling me about this patent. A lot of the claims that they made are extremely obvious. For example, the ballast (or igniter) in all HID lights are built to be right next to the bulb because of the amount of power it outputs.

 

[TTSkipper]

I have not heard anything, however I recently purchased a used 18W HID Dive Rite light from someone online. When I called Dive Rite to ask about parts, they said that they would be offering an upgrade to their new 21W HID when it comes out in a few months for a minimal amount of money.

TTSkipper

 

[shunx91]

Does that mean Dive Rite has settled their lawsuit already? Also, from one of the links above, it says "To infringe each and every element of a claim must be present in the infringing product." Does that mean UK's Canon 100 is not infringing the patent?

 

[TTSkipper]

Not sure if Dive Rite has settled or if the 21W may be outside the definitions in the patent. I would guess that the Light Canon does not infringe.

 

[Geddes]

Seems to be a bit like Ford suing everybody else who builds cars.

Henry Ford didn't invent the automobile, he came up with a way to build it and make money.