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2.7 to sell still NT to buy
About Ioxus, it looks they still exist:
https://ioxus.com/english/media/press-releases/xs-power-batteries-acquires-ioxus/
Two learnings:
1 Not so sure yet if they Do not need to pay... They cashed a lot by selling the assets, but they still have sales.
2 xs batteries is Producing and makes no chance in case of a court case so they need to pay for current and future sales. Xs is big enough to cover this and for sure will not get bankrupt.
Still can’t buy
probably more of a nightmare for an infringer when judgement goes against them ....
So basically it sounds like enforcing IP can be an absolute nightmare . Having said surely CPXs experts know the score and the "rules of engagement" and they are employed to make judgment calls as to whether any given case is worth pursuing. So my take on it is that cases should only be pursued if there a better than 50/50 chance of winning and then from a company that is known to be financially stable. In CPXs case these judgments have to be precise as royalties are not a major revenue channel . Judgement calls have to be made everyday, its making the right ones is the difficult bit. I recall discussing the possibility of counterfeits many moons ago only to be laughed at. I still reckon picking a fight with Musk will sooner or later change this company drastically . Lets hope its for the better.
Problem with relatively straightforward items like capacitors is that the world and its dog can copy, albeit illegal, and then keep swapping business ownership addum finitum to keep the legal bloodhounds at bay. To be effective you have to find the factory and see if you can close it down in a matter of days. Thats a nightmare by itself in some Far East countries let alone wondering how many other factories are dotted around faking these. Only solution is to sway away from the component manufacturer and identify the end product Western Democratic importers and for a crippling import tax to be added. That can only happen quickly where CPX can show that the component is a fake which would require some feature in the capacitor which is quickly evident via an independent laboratory.
So OS, last time I asked you question of whether you defend the IP or not you said you would, previously you said you wouldn't so what is it now? Would you defend the IP, obviously incurring legal costs or wouldn't you? Or would you only do it if you would win and get paid? Need a wodge of hindsight for that. You have lots of advice for AK, now put yourself in his shoes, what would you do and fudge isn't an answer.
Sorry Nitram I have already proved what I own albeit to JH (myself?) of course . While the judgement well may be good for our general IP "well being" its money in the bank that counts and to date this case has only cost us money . As I say the real money game is now being orchestrated by Mr Musk. I sincerely hope it all comes good but somehow it never does with CPX
So CPX are awarded $5m from the Ioxus IP infringement case and the feeling here is that they wont see any of it. XS Power bought them out with full knowledge of the case and likely outcome, XS Power bought the value from the sales that infringed the IP. So what happens next? CAP-XX take XS Power to court, we wouldobviously win. To avoid any damages XS Power sell out to another company I've just set up, ACME IP Dodgers Inc. That model can't be legal. It would make the US powerless in terms of IP protection IMO. So XS either pay something and do a license deal or stop selling those products which would have to move to either Direct sales or to a CAP-XX licensee. Surely?
Maxwell buy us.
your not you're ;-)
You do make me giggle OS, you're only reason to be on this BB is because you love to wind folk up and get your kicks from it ... IMO you don't own shares here and (probably) never did :-)
The question is was this judgement made because Ioxus gave up (and failed to defend) possibly because it couldn't afford it or was it because the CPX case was overwhelming ? Come what may I cannot see Musk being so submissive. He has the clout to either cause us a lot of problems or simply string it out . In this uncertain world how many businesses will have the resources to carry on with endless litigation?
Who knows what is happening in the background. Communication has and is a disaster from cap xx. That is the problem. Great news on the court case and should help towards a resolution with other cases. Fingers crossed.
Has any one contacted Speed or AK? If so, what is the response?
At least some news... Where is the RNS ? If this isn’t Considered worth an RNS...What big things must be then running in the background ??
Excellent news, for sure Maxwell is getting nervous, maybe even Elon is...
XP is clearly in troubles. Courtcase can be done fast forward...
Given that Ioxus has sold its assets but not its debts I assume they will simply go bankrupt. What needs to happen now is to quickly register a claim against XP who continue to produce Ioxus supercaps. All this seems so easy for infringers to get away with. But not even a mention from CPX. The real question is what is Tusks next move.
Ooops meant to be Ioxus award ....
ORDER granting85 Motion for Default Judgment in favor of Cap-XX, Ltd. against Ioxus, Inc. The Court: a. finding that Defendant is liable for infringing the patents-in-suit; b. awarding Plaintiff compensatory damages in the amount of $1,237,717.37 based on a reasonable royalty under 35 U.S.C. § 284; c. awarding Plaintiff enhanced damages in the amount of $3,713,152.11 based on the trebling of Plaintiffs actual damages under 35 U.S.C. § 284 for Defendant's willful infringement; d. finding that this case is "exceptional" and award Plaintiff its attorney fees under 35 U.S.C. § 285; e. granting Plaintiff leave to submit a motion for attorney fees under Rule 54(d)(2) of the Federal Rules of Civil Procedure within fourteen (14) days of the Court's Entry of Default Judgment. (CASE CLOSED) Signed by Judge Colm F. Connolly on 8/5/2020. (nmf)