Cloned Slipperential?

[Pdelcast]

I'll jump in with my $.02 --

The fact that Ebay is taking down ads for clones is admirable. Mike really doesn't have any rights YET -- because his patent is still pending.

After his patent is accepted, he can legally go after violators who sell in the USA -- and any dealers, distributors etc, who sell violating products in the USA. AND he can ask for damages if the violator knowingly violated the patent -- up to (I think) 300% of compensatory damage awards.

We filed a patent almost seven years ago for the Castle Link, and have had hundreds of violators, including other US companies. Finally now, the patent has been accepted and is being published as we speak.

I warned several companies that the patent was pending, and most of them basically said "well, if you get the patent, then sue us." Only one company has been paying royalties for rights to the design.

The issue is that it's hard to get a patent, and then its both hard to enforce, and expensive to enforce. Companies know this, and sometimes will risk some future profits to take gains in the short run.

And Patent protection doesn't protect anyone from small companies running in countries where the government doesn't recognize protection from foreign patents or copyright. These small companies can usually violate IP with impunity.