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Toyota Prius Under Fire For Patent Infringement

tekiegreg writes "According to Auto Service World, Toyota (and possibly other hybrid companies) are guilty of violating a patent with their Prius hybrid Systems. The patent in particular looks like it covers most of how the drive-train and even the braking system of a Toyota Prius functions. The implications of which are big if there is no deal or settlement made (such as ceasing of hybrid vehicles in the United States)."

14 of 504 comments (clear)

  1. Easy Solution. by yobjob · · Score: 5, Funny

    Remove the braking system. No more patent violation!

    1. Re:Easy Solution. by kfg · · Score: 5, Informative

      The Prius does not reduce emmisions. It reduces emmisions at the tailpipe compared to a conventional system.

      When you consider the emmisions cost of the entire system, production, energy production/transmission and disposal, the current commercially available hybrids are unmitigated environmental disasters hidden by ignorance, smoke and mirrors.

      How to get 10 mpg better milage while reducing emmisions from a standard, gasoline burning Accord:

      Regear and retune the engine to give maximum efficiency while producing the same level of performance as a Prius.

      Notice in the above post that the driver achieved his milage in the Prius through modification of his driving technique.

      As a demonstration I once achieved 40 mpg from an completely box stock, 1976 Ford Fiesta on the open road simply by driving with my mind on efficiency rather than performance. If I had modified the car to run in this manner innately it would have reduced its emmisions greatly as well.

      The Prius owner quoted above is an efficiency minded fellow who drove his car with his mind on driving as efficiently as possible. It is a biased anecdote.

      Gas powered CRX drivers reported getting 60 mpg with low overall emmisions. The cars were simply tuned for economy rather than performance as well as being smaller and lighter than a Prius. It did not sell well, because it lacked performance. Buyers of this car, and the buyers of the Prius, are innately people who are willing to sacrifice performance for efficiency and the purported benefits of the hybrid system come mostly from this sacrifice of performance, not from the hybrid system.

      Give me a blank sheet of paper and I will design you a vehicle that can sustain 30 mph on only 60 watts of power, is fueled by pizza and exhausts relatively small amounts of CO2 balanced by the carbon cycle.

      But you would not likely buy such a vehicle because it would not make you happy.

      The current line of hybrids are designed to make people happy by giving them the impression that they are achieving reduced fuel use and emmissions over some other system.

      As an engineer I love electrics and hybrids and have been involved with them since the mid 70s. They are elegant. I appreciate that elegance.

      But the claims surrounding the current crop of hybrids are faith based, not engineering based.

      And people will defend their faith no matter.

      KFG

  2. /tin hat by Dr.+Eggman · · Score: 5, Funny

    It's the oil companies in disguise!

    --
    Demented But Determined.
    1. Re:/tin hat by Anonymous Coward · · Score: 5, Insightful

      I don't know why you got modded funny. It should be a well know fact (especially to /.ers) that OPEC buys up every alternative energy/locomotion patent it can get its hands on, and then calls it "Research".

      I'm gonna go research a Mountain Dew...

  3. "Surfacing, Captain" by No+Such+Agency · · Score: 5, Insightful

    Man, people who deliberately use "submarine patents" to try and make money off a popular technology really bug me. As do "technology companies" whose sole business model is to own patents. They wait and see, and if the tech becomes successful, they pounce. If it flops they stay away and let the infringer take the loss.

    I respect the rights of patent owners, and I'm not sure how you could legally sanction this berhaviour without harming patent holders' legitimate rights, but the practice is just plain sleazy.

    Now it may be that they have had suit against Toyota ever since the hybrid came on the market, and this is just a recent expansion of that suit, in which case they are not being weasels...

    --
    Freedom: "I won't!"
    1. Re:"Surfacing, Captain" by z0idberg · · Score: 5, Informative

      If you take a look at the patent holding companies website (Solomon Technologies inc. ) it looks like they developed the technology and have been implementing it (in sailing vessels) for some time.

      From their FAQ:

      What is the Electric Wheel(TM)?
      The Electric Wheel(TM) is a new technology motor (first patented in 1991) that significantly improves and exceeds the net horsepower output of existing electric and fossil fuel motors. Solomon Technologies currently provides three series of motor systems built on this technology; the ST37, the ST58 and the ST74. They have been designed for use in marine environments. The ST58 combines variable torque converters, brushless motors with Neodymium Iron Boron (NeFe B) magnets, and a powerful regenerative feedback function that converts the motor(s) into a generator of electricity to recharge the batteries while under sail, and provide electrical power to other appliances on the boat.

      So looks like they are legit (or are a very elaborate front :-) )

    2. Re:"Surfacing, Captain" by tdemark · · Score: 5, Informative

      I respect the rights of patent owners, and I'm not sure how you could legally sanction this berhaviour without harming patent holders' legitimate rights, but the practice is just plain sleazy.

      If a product that uses your patent without an agreement in place is on the market for X months and you, the patent holder, do not challenge such use, a license is automatically granted for that product.

      If you have reason to believe a product is using your patent, you can file a challenge with the patent office stating so. The company offering the product has to respond saying that they are or are not violating your patent. If they say they are not, the previous "X month" window gets extended to the full term of the patent for that product. If they aren't using your patent, this has no effect. If they are using your patent, and tell the patent office they aren't, you now have the full term of the patent to prove them wrong.

      You can only exercise this challenge Y times over the life of the patent. Y will not include any challenge that is upheld, either initially or after the fact.

  4. Summary is a little misleading by cdrudge · · Score: 5, Informative
    "According to Auto Service World, Toyota (and possibly other hybrid companies)
    The article mentions no other hybrid companies. The only companies mentioned are either Solomon Technologies, the patent holder, and various different divisions of Toyota. The "and possibly other hybrid companies" is just pure speculation.

    are guilty of violating a patent with their Prius hybrid Systems.
    The article just says that Solomon is taking their complaint to the ITC to block Toyota from importing more vehicles. ITC can't rule guilt or fine Toyota. If Toyota manufactured the vehicles here, it likely would circumvent anything the ITC could do. There has been no admission of guilt by Toyota so the only other place guilt can be determined is in a court of law. Until the case currently in US District Court is ruled on, there is no guilt. Only accusations.

    The implications of which are big if there is no deal or settlement made (such as ceasing of hybrid vehicles in the United States)."
    No. In the case of the article it just would mean Toyota couldn't import hybrid vehicles of this design (presuming they don't license the patent and settle the District Court case). They would either have to make them state-side or find a different design. Beleive it or not, there is more then one way to design a hybrid vehicle. This ruling wouldn't have an immediate effect on other manufacturers of hybrid vehicles although it might set a precident for future litigation.
  5. Re:The patent by panthro · · Score: 5, Informative

    Yes, and yes. The thing in question here is Toyota's Power Split Device, which is a constantly-engaged planetary gear set that acts as a transmission and drives (or is partially driven by) the electric motor/generator. Which appears to be exactly what the patent describes.

    --
    If you're not part of the solution, you're part of the precipitate.
  6. Another example of patents in good use by The+OPTiCIAN · · Score: 5, Insightful

    Thank heavens we have those patents to encourage innovation. The invention would never have happened otherwise.

    --


    Believe with me, my saplings.
  7. Don't laugh! by aquarian · · Score: 5, Informative

    Cobasys, a Texaco subsidiary, holds a patent for NiMH batteries. One of the reasons for the hybrid itself is that it carefully skirts this patent by having the internal combustion engine as the prime mover. A battery-only or battery-mostly vehicle might be subject to prohibitive license fees. This is why pluggable hybrids have not been commercially produced either.

    Oil company conspiracy? You decide...

  8. Re:Theyre patent is pretty complete by Phreakiture · · Score: 5, Informative

    [Their] patent is pretty complete, but only filed in 1990.

    Unfortunately, I think reclaiming [braking] energy with an electric motor was thought of, and used much earlier [than] that.

    I seem to recall an article that was published in the late 1980s in Popular Science profiling a prototype hybrid car that was called the Uniq. It had regenerative braking.

    Rail locomotives have had "Dynamic braking" for decades, in which energy is reclaimed from the wheels, but it is subsequently burned off in a huge resistor, but it is at least half of the formula.

    So that takes regenerative braking itself off the table as far as prior art. That leaves the combiner gearbox.

    The Uniq used no combiner gearbox, and neither do Honda's hybrids. Toyota has done a better job at marketing their hybrid drive, but Hondas are actually getting better MPG without the combiner gearbox (though a pure electric mode is not possible).

    The bottom line is: There is some prior art; it is probably not enough to help Toyota with their immediate problem, but not all hybrids are affected.

    --
    www.wavefront-av.com
  9. This patent doesn't cover Prius' s drive by Dr.+Crash · · Score: 5, Interesting

    Lesson 1: READ THE CLAIMS.

    Note that every claim is either a "base claim", that is, that starts a new description, or is a
    "subsidiary claim" that depends or extends another claim.

    Lesson 2: READ THE BASE CLAIMS TWICE.

    The base claims are the patent's "weak spots" - if you can just dodge every base claim, then
    the patent doesn't apply to you.

    Notice that in this patent every base claim says "electrical" on both power inputs. That's
    a major flaw; this patent has no claims that cover the case of only one electrical power
    input and one of a totally other kind of power.

    Lesson 3: THERE IS NO INFRINGEMENT IF NONE OF THE CLAIMS APPLY.

    The Prius driveline doesn't use an electrical motor on BOTH inputs, only on one. Hence it does
    not infringe.

    Next? :)

  10. Easy way around that: switch to lithium by Anonymous Coward · · Score: 5, Interesting

    There's a group of companies developing lithium batteries that have created a patent pool. If your company develops technology for lithium batteries, you pay a fee to get into this group and then you can use for free any lithium patent from any company in the group. Of course, they get to use your patents as well, but with so many people looking out for submarine patents and the fact that your competitors signed a technology sharing agreement, the chance of a lawsuit is minimal.