Patent Claim Could Block Import of Toyota's Hybrid Cars
JynxMe writes "Paice is a tiny Florida company that has patented a way to apply force to a car's wheels from an electric motor or internal combustion engine. Paice thinks that Toyota is infringing on its technology, and is going after the automaker in court. The legal spat became much more serious for Toyota this week, when the US International Trade Commission decided to investigate the matter. In the worst-case scenario for Toyota, the commission could ban the hybrid Camry, third-generation Prius, Lexus HS250h sedan and Lexus RX450h SUV."
Now that's a productive way to encourage Electric hybrids! WTF is wrong with these morons.
The US is not the market for Toyota it once was. The reasons for selling into the US are declining with each passing year and Prius are showing up on used lots in increasing numbers, so I doubt the boys in Toyota Town will lose much sleep over this bit of news either way.
www.commutercars.com They are custom built now, so beyond the willingness of this guy to purchase at $100k+. But, if they ever get to mass production at a price point below $20k (best guess of the company), I would likely get one. I think they have a unique approach to not only the electric vehicle but to make it "fit in" the existing infrastructure to solve the fossil fuel problem and the freeway overcrowding problem. Anyway, not an employee or owner of commuter cars; I just think they are cool.
The filing date is May 8, 2006. Really? This technology wasn't around before then?
The welfare of the people is definitely being promoted with this patent. I wonder if this no-name company is owned by Exxon?
So what, they patented the transmission? CV joints? Axles?
I'm glad I have mine (though it's only a second-generation.)
Oh man, I bit into this same shitpie once before... look up Solomon Technologies in 2006/2007 to see how this one will turn out.
(used to be symbol SOLM.ob, now called Technipower or something)
It's amazing how descriptive a patent can be while still claiming virtually nothing at all. Almost every hybrid vehicle on the market could be sued under that patent. Aren't patent trolls the greatest?
Toyota had one of their patents filed in 1993 and granted in 1995
http://www.google.com/patents/about?id=Wx8lAAAAEBAJ&dq=toyota+electric+motor
And another filed in 1997 and issued in 1998:
http://www.google.com/patents/about?id=r9YWAAAAEBAJ&dq=toyota+electric+motor
Someone else had prior art in 1993.
http://www.google.com/patents/about?id=MTEaAAAAEBAJ&dq=toyota+electric+motor
Right?
I'm pretty sure prior art is established there - back in the 1830's?
Sure enough, if you look at the list of cited patents, they go back to the early 70s. This is not new, and should not have received a separate patent as an "invention". There's zero inventing involved.
Sample bogus claims:
11. The hybrid vehicle of claim 10, wherein said engine is preheated prior to starting.
16. The method of claim 13, comprising the further step of preheating said engine prior to starting.
20. The method of claim 19, wherein said engine is preheated prior to starting.
This is broad enough to be claiming a patent on a f*cking block heater on any hybrid.
Never mind all the "non-invention-ness" of:
6. The hybrid vehicle of claim 1, wherein said engine comprises a turbocharger operable to increase the maximum torque output by said engine, and wherein said turbocharger is so operated when the power required of said engine exceeds a predetermined value for at least a predetermined period of time.
15. The method of claim 13, wherein said engine comprises a turbocharger operable to increase the maximum torque output by said engine, and wherein said controller causes said turbocharger to be so operated when the power required of said engine exceeds a predetermined value for at least a predetermined period of time.
23. The method of claim 22, further comprising: operating a turbocharger coupled to the engine of the hybrid vehicle to increase maximum torque output (MTO) produced by the engine when torque required of the engine exceeds a predetermined value for at least a predetermined period of time.
- in other words the "invention" of using a turbo-charger to increase performance.
Gee, why not add a supercharger at the same time? No turbo lag, etc.
Your patent system is fucked up. Hopefully the Japs will do everyone a favour and do a a Pearl Harbour on it.
But, Toyota makes cars in the US...
Seven puppies were harmed during the making of this post.
Won't do well in the Northeast, though. No way those tiny wheels are comfortable on the cratered mountain trails we like to call "streets."
Also.. the car weighs more than a minivan. Where do you put your knees?
Can you be Even More Awesome?!
Errrr..... General Motors errrr.......... Chrysler errr..... and
so on and so forth.
Yours In Norilsk,
Philboyd Studge
Contrary to oft-repeated headlines, a patent-holder never wants to block a patent-using technology from the market. They just want to get paid for it. If, indeed, the patent is valid — and the size of the patent-holder is no indication either way — Toyota simply needs to pay for the technology...
The article write-up seems like it is written by a Toyota-shill. If a Paice-shill were to write it, it could've been rephrased along the following lines:
In Soviet Washington the swamp drains you.
Perhaps they did not go back far enough? Diesel-electric transmission has been around since the 1920's. From the 1960's until they electrified the line the East Coast Mainline in the UK ran Diesel-Electric trains. Of course the system is somewhat simpler than hybrid cars but the basic principle is the same: fuel runs generator and the generator charges batteries and powers electric traction motors.
reading the claims sounds much more like it describes diesel-electric trains than Toyota's dual transmission drive
I thought train engines generated electricity and had electric motors to drive the wheels.
Interesting that a company located in Florida would choose to sue a Japanese company in the seemingly random location of Marshall, Texas.
10 PRINT CHR$(205.5+RND(1)); : GOTO 10
And I'm counting on these patent and copyright wars to get us to do just that. It's our only hope to help get people to see what's it's all about. So more of this is a very good thing. Patents and copyrights are the "sub-prime loans" of innovation, and the effect will be the same as the real ub-prime loans had on the economy. They give unqualified people way too much power.
For justice, we must go to Don Corleone
ha ha ha, they just need to stop calling it a hybrid. Then it wouldn't violate the patent.
"way to apply force to a car's wheels from an electric motor or internal combustion engine"
Isn't there plenty of prior art on this?
BTW, the patent app is flawed. They specify a 2-speed transmission. My hybrid will NOT have a 2-speed transmission, I assure you. And it will have mechanical braking with an auxiliary regenerative system. Looks like i have a great chance at getting a patent on that, or some combination thereof.
Joking aside, this is continuing evidence of our patent system being pretty well hosed.
deleting the extra space after periods so i can stay relevant, yeah.
To infringe claim 1 it would seem that you need at least one electric motor driving one pair of wheels and a second electric motor driving a second pair of wheels. i.e. four wheel drive with two electric motors (plus a third electric motor coupled to the IC engine).
Not sure (without hunting down that judgement) how given their extensive citing of Toyota products in their spec that they somehow convinced a court to award a win in 2005?
I find it hard to believe that a patent would be issued on such a broad invention. The first gas engine was invented by Siegfried Marcus in 1870. Did he have a patent? I would bet the small company that holds this patent is fighting it on a very small technicality.
Yes and the Toyota Prius has been around since err
1997.
(http://en.wikipedia.org/wiki/Prius)
and it was sold worldwide since 2001 (I'm assuming that includes the US).
If the US had technology companies run by engineers and technical people rather than lawyers and accountants perhaps they would chose
"innovation" over "litigation" as a business strategy.
The sad truth is that even if someone at GM or Ford had the same idea in 1997 or earlier the bean counters and lawyers would have axed a hybrid in favour of more profitable SUVs..
If you don't believe me look at who's on the board at GM, do a search for engineer in this article: (http://www.finchannel.com/news_flash/Oil_&_Auto/43476_New_Slate_of_GM_Board_of_Directors_Members_Selected_/)
funny... almost no engineers...
VS at Daimler: (http://www.daimler.com/dccom/0-5-7158-1-65184-1-0-0-0-0-0-8-7145-0-0-0-0-0-0-0.html)
4 out of 5 on the management board have engineering backgrounds..
Hmmm.
Stealing US ideas... what ideas? The idea to sue everybody... maybe I should patent "patent troll law suits" and sue all the patent lawyers (after all it is a "business process" and a "unique" invention)...
----- "Profanity is the one language that all programmers understand."
Behold the Paice LLC company structure. No employees, management only. Also they are located at "Shady drive" street no kidding.
Toyota should buy Paice for pennies and then their patent will be owned by Toyota.
Simple.
They're using their grammar skills there.
Step 1. Get in almost any manual car from the last 70 years.
Step 2. Put it in gear.
Step 3. Crank the engine over.
Oh look, the electric starter motor applies force to the cars wheels!
I'm patenting being a patent troll. That ought to fuck them.
They'd fight you tooth and nail with prior art there, and ironically proclaim that they have proven the patent system works as a result of their mountains of prior art proving you right.
Given that the patent application was filed May 8, 2006 is seems that Toyota's hybrid easily predates (circa 1997) the patent.
The patent claims start, "1. A hybrid vehicle, comprising: at least two pairs of wheels, each pair of wheels operable to receive power to propel said hybrid vehicle;..." No later claim seems to remove the requirement that power is deliverable to all pair of wheels. Does a Prius drive all four wheels?
Patent litigation: A doctrine of Mutually Assured Destruction... in which everyone seems willing to push the button
I cheer with each on of these. The only way things are going to change is if the big boys hurt.
If you wanted to build a car with 2 power systems, wouldn't a planetary gearbox be the obvious choice to use, to be able to drive the wheels with one or both power systems? If so, wouldn't this patent be valid?
Covered by Slashdot here. What will they think up next?
The diversity and expression of human opinion is essential to human survival.
Maybe, maybe not.
The diversity and expression of human opinion is essential to human survival.
Now, Toyota has been convicted of infringing some hybrid-technology patents and is allegedly infringing on even more hybrid-technology patents.
Before we start sympathizing with Toyota instead of the "mean, money-hungry" patent holder, we should note that patents on solid, useful technologies are valid and are vital to spurring innovation. If we lived in a society when any corporate giant can just steal anyone's ideas, then we will diminish the spirit of innovation.
However, even more is at stake here. Toyota has used its lawyers to force Ford (and now General Motors) to pay royalties to Toyota for hybrid-technology patents that it supposedly invented. A consequence of this new patent-infringement case may be that Ford has been paying the wrong business entity, and Toyota should refund all the royalties back to Ford. Such a situation would level the playing field for Ford.
Note that Ford took a Japanese-designed vehicle, the Mazda 6, and both transformed it into the Fusion and elevated the Fusion to the quality level of a Toyota Camry. At Ford, quality is now really job #1 -- after the market brutally taught Ford managers and their unionized workers a lesson that they will never forget.
Thank Vulcan for Paice, without whose invention we would never have hybrid or electric cars. Without the Patent Office creating their monopoly, which has never produced a car, people freely speaking about how to make electric and hybrid cars would be getting us off internal combustion. And that's bad for America.
--
make install -not war
The US patent system has no recognition of needs driving innovation. It assumes smart people think up things no one else would have (or else they would have by now). However, that's not how things work anymore. General technology drive the next need, then there's a race to fill that need. Many patented things would have been thought of by others between the time of the application and awarding, even if no one had ever applied. This fast pace of innovation wasn't considered by the patent system. The current system is unconstitutional in that it no longer encourages innovation, which is a requirement. The encouragement comes from filling the need that exists, and the patent is a profit-protection sytstem, not the encouragement. If patents were to be completely abolished, the level of innovation in the US would increase, not decrease, and thus the system is broken and illegal.
"Obvious" is simply not tested for by the "would someone else trying to fix that problem come up with the same answer?" test. Most of the answers are obvious if you state the question clearly. But finding the right question is often the hard part. This is a mechanical patent for a system that existed long before, but for a new application. It's no different than the "over the Internet" patents. Combining two force inputs into one output? Done before. Done like this describes. Just not done for electric cars. It isn't obvious in that the idea in a vacuum is novel and non-intutive. However, for an expert in the field trying to make an electric hybrid, this is an obvious solution and not even novel because it has been done before in other applications.
Learn to love Alaska
Clearly there were electric cars around 70 years ago (Teslas' car is well documented). Thats 1930's technology for you! The patent is VOID! NEXT!
The looks take some getting used to (like the smart car), but the specs are good. I am impressed they are running with the generator trailer idea, or the "modular hybrid" for extended driving trips. To me, that makes *loads* more sense than onboard dual engine/electric motor, then batterties plus fuel tank, etc, that you have with a regular gas/electric hybrid. That's just too much weight. Pure electric, make it a hybrid with the generator trailer, only attached when you REALLY need to drive long trips.
100 grand though....ain't getting one. Some day do my own electric conversion, proly on a smallish pickup. 10 grand is more reasonable there.
The first generation Prius was sold only in Japan, but it went on sale in December 1997.
Do what thou wilt shall be the whole of the Law
Oh, who cares. I hope they get the injunction. Then a million Prius owners will tell everybody who will listen (or may be confused for listening) just how awful the patent system has become.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
Good thing patent laws weren't around (or as ridiculous) when the various inventions leading up to today's technology happened. It would really cripple a lot of industries if we all had to pay royalties on the wheel, metallurgy, and sliced bread.
The "device" is also a retarded patent - the claim trail goes back to '99, but BUSES using the same setup were being trialed in Norway back in the '70s.
Prior art - and not just a "concept", but a working implementation.
So "preheating the engine in the device" is also invalid.
The USPTO has to go back to demanding working implementations before granting a patent. Not that it's going to matter in another decade, since the world+dog will have moved its' economic center to somewhere on the other side of the globe, when the US defaults on its' debt.
They're suing to settle. Not to win.
France has a republican constitution in 1791, 1793, 1796, it had a constutionnal monarchy with constitutions where the only change was who ruled in 1804, 1814, 1815 and 1831. The French bill of rights is OLDER than its constitution, dating from 1789. Feudalism was abolished there. It was abolished in Sweden earlier, and it had a written constitution establishing a constitutional since 1777, there was also a polish and corsican constitution but at that point it was trying to repaint a burning house as they were conquered respectively by Russia-Prussia-Austria in 1793 and France in 1757.
the missing word is monarchy, brought to you by the letter m
Hold the presses. I'm not a patent lawyer but something stinks here. I worked on a bus when I was getting my degree in Automotive and Diesel technology that used regenerative braking. Now this bus worked pretty much how they describe in their patent and it was at least 10 years old when I got to work on it. All this was back in the mid 90s. So how the hell can they claim a patent on something that was already in use? Hmmm I should start looking for things already in use and file a few patents myself. I wonder if the idea of patent trolling has been patented yet.
There is absolutely nothing wrong with not having a professional police force or a firefighters in a town where residents don't need it. Neither is having a professional army if a country faces no big threats. It's a matter of efficiency, not some general principle or God-given right to be protected by "professionals" at someone else's expense.
In fact, since police departments *are* local, you *do* have a choice of living in a place where you can rely on your guns to protect yourself, and many people do.
And the rich still have their private guards, because they know how effective the public police actually are when it comes to protecting *you*. In fact, the police have no specific duty to do so, and you cannot sue them for even obvious gross negligence, like not responding to your "save me!" 911 call in any useful way.
Boulton and Watt held patents on the original steam (as distinct from vacuum) engine which held up development for many years. The engine patents were nearly as bad as patenting the wheel - they basically were allowed to patent the crank when used as part of a steam engine, though it is an ancient mechanism. Fox Talbot had patents on photography which held up development for years. The patent laws were just as ridiculous then.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
Yes. You'll have to wait until 2021 until you can use one freely (in Australia at least)
Circular Transportation Facilitation Device (Australian innovation patent 20011000012) (PDF)
[Sarcasm-on]Get with the current program, dooood! Trolls are Tough to kill![sarcasm-off]
I hear you, man...and I would like to subscribe to your newsletter....
That is the same reason I, personally was opposed to the recent bailout...let it crash and burn...the much stronger, smarter Phoenix would then rise from the ashes.(so to speak)
Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
Small inventor has invention. Sees big company infringe on it. Sues them. Big company has 100000 patents and countersues. Small inventor has no money to contest and folds.
That's with this current system.
Toyota owns Paice's idea because they patented the device that was the basis of the Paice patent before Paice did.
I couldn't agree more. I get so sick of people saying that those less fortunate than themselves should just suck it up and die. Everytime I hear someone say something like that, and this from a person who has paid more than $30,000 per year in Federal Income taxes, I want to punch them in their damn, stupid, greedy, self-absorbed FACE!
Over-the-top Response Guy! Giving "Over-the-Top Responses" since 1970.
I have a co-worker who's mother went in for outpatient surgery. The Dr. made a "mistake" and nicked her bowels - multiple times! The infection got VERY bad while the original Dr. kept dismissing it. Finally a DIFFERENT Dr. on staff looked at her and rushed her into surgery where the "mistakes" were found. The second Dr. claimed that she was just hours from death, the first Dr. admitted he made some errors. The woman has since been in and out of the hospital multiple times and has nearly died more than once. She may yet expire and she will probably NEVER be what she was - she can hardly get out of bed these days and she WAS a fairly active woman prior to this "simple" surgery.
Threat of litigation should (in theory) keep mistakes to a minimum. While the threat certainly didn't seem to work in this case perhaps having this guy's practice sued into the ground will get a lazy Dr. out of the business or force him to be a good bit more careful should he be working on YOU next.
Frivolous litigation should certainly be avoided but in cases where someone truly screws up, doesn't pay enough attention to the patient to realize it, and nearly results in death - and certainly resulted in debilitation - then I'm sorry but it should be used!
Build it, Drive it, Improve it! Hybridz.org
Toyota has built a brick wall of patents around it's hybrid technology to prevent any other company from producing there own hybrids or paying Toyota. It seems fitting that they'd trip over their own feet.
If the trolls won this particular battle in the war, imagine the reaction in the public's eyes if suddenly all toyota hybrids were yanked from the marketplace. I'm fairly certain a large number of people would be pretty shocked-- and most of them more or less unaware of the dismal state of patent law. It could potentially be the needed seed to tear down all this absurd patent law. Thoughts?
the patent is from 2008, and Toyota is making those cars well before 2008?
Thanks
The Prius has been around for many years.
From wikipedia:
Looks to me like this patent troll has stolen Toyota's IP and somehow patented it out from under Toyota.
Toyota will prevail in court considering their deeper pockets to protect their IP.
This patent troll should be sacked and publicly humiliated for the thieving scum they are.
"Suppose you were an idiot...and suppose you were a member of Congress...but I repeat myself." Mark Twain
Okay, first, I'd like to point out that the Tesla Roadster, a pure EV, uses an AC motor as well.
1. AC Motors, especially large ones, tend to be cheaper and more efficient than DC ones. You can go from ~80% to 90%
2. AC Motors can also act as generators, enabling regenerative braking/charging the batteries on a hybrid without an extra generator.
3. A simple rheostat works well at low power levels and efficiency - but when you're looking to strangle every meter out of a kwh, a rheostat is very inefficient at controlling power levels, and at car power levels, you're looking at wasting a LOT of watts as heat. What you'd really want is a DC-DC converter - which normally converts it to high frequency AC to do the transformation. Might as well skip that and just feed it to the motor as AC.
4. At the power levels we're looking at, an advanced controller can convert the DC to AC at better than 90% efficiency and control power/speed much closer than a DC motor + rheostat. It can also compensate for changing voltage levels due to battery depletion.
I don't read AC A human right
Not to nitpick, but on item #2, a split ring DC motor is just as capable of being a generator as it is a motor.
That doesn't negate your other very accurate points though.
You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
Yeah, I also forgot to mention the whole brush problem, and/or the expense of brushless designs.
I perhaps should have said that it's easier to use an AC motor as a generator than it is for DC motors. I knew it's possible to make a DC generator, I think I even remembered it can double as a motor, but I remembered there was some issue such that AC generators are normally used today, even if it's going to promptly rectified into DC. Lookin stuff up - the only DC generator designs I'm seeing are brush type. They also, by default, don't produce even DC electricity - it looks more like AC output through a rectifier.
At one point I was looking at making my own EV. After reading the literature and engineering, I was determined to go with an AC drive system. DC was cheaper, but the AC systems were both more powerful and more efficient. All the DC installs I saw didn't use regenerative braking, for example. It was a standard feature for the AC ones. Even without regenerative braking the AC system would have more range for a given battery pack.
I don't read AC A human right
I remembered there was some issue such that AC generators are normally used today, even if it's going to promptly rectified into DC
I always wondered why they went from DC generators in cars ("generators") to AC generators ("alternators"). Must have to do with effeciency.
Free Martian Whores!
That's due mostly to longevity, efficiency and the compactness of the alternator versus a permanent magnet DC generator. Compactness comes into play because a DC generator the same size as an AC generator would have a lower output capacity.
You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
In a DC generator all the current has to go through the brushes.
In an alternator only the excitation current goes through the brushes.
Hence DC generators eat brushes.
And all the reasons the sib poster said.
John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'