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Old 09-03-2012, 06:31 PM   #43
Roadstercycle
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Originally Posted by GreenHell View Post
The point is that you’re oversimplifying issues.

I wish things were as black or white as you make them out to be. There’s a reason it takes 3 years of legal education to become a lawyer, and years of practice to become proficient.

Here’s what the law says about damages: adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.

I believe what you’re trying to say with the “no profit” scenario is the “lost profits” provision for patent damages. It might be hard for the patent holder to prove lost profits in this scenario but it is not impossible. The patent holder can seek lost profits under (1) future lost profits, (2) damage to reputation and goodwill, (3) business losses etc.

If the patent holder cannot claim lost profits in this particular case, he will be able to claim reasonable royalty damages from the infringer.

Then there’s the treble damages for willful infringement if it can be shown that the infringer had notice.

Lastly, US patent or not, if the patent holder has PCT coverage in the country in question, he can enforce his rights in said country.
I'm not looking to infringe on his, their, whomever patents. I would think that a reasonable license fee for an install would be something that could be done. The worse thing I see today is that you can buy a universal kit for $1995 and you have a license and sell the stuff on Ebay. If it becomes an issue I'll take it off, or become a dealer for them, buy a license, Whatever. makes them happy. It's funny that I was looking and thinking about rear turbos before I even knew STS existed. Also they do not make a kit for the FRS or BRZ so I kind of beat them to the punch.
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Old 09-03-2012, 06:56 PM   #44
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Please post your thoughts. I know you won't have numbers, but anything would be great. BTW nice job! Unless Toyota comes out with a TRD SC, my FR-S will not see any major mods like this till the warranty is up.
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Old 09-03-2012, 07:45 PM   #45
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Originally Posted by Roadstercycle View Post
I'm not looking to infringe on his, their, whomever patents. I would think that a reasonable license fee for an install would be something that could be done. The worse thing I see today is that you can buy a universal kit for $1995 and you have a license and sell the stuff on Ebay. If it becomes an issue I'll take it off, or become a dealer for them, buy a license, Whatever. makes them happy. It's funny that I was looking and thinking about rear turbos before I even knew STS existed. Also they do not make a kit for the FRS or BRZ so I kind of beat them to the punch.

Unfortunately, there’s no generic answer to your situation because you do not know (1) exactly what’s patented, and (2) if your system infringes on what “they” patented.

This whole discussion about licensing and infringement is somewhat premature. If you’re really interested in pursuing your system, it might be worth spending several hundred dollars for a patent infringement analysis or a patent analysis to determine if your system falls within the claimed invention.

For all you know, your system might be infringing on someone else’s patent or merely improving what’s in the public domain.

For example,

publicDomain has A, B
firstCompany patents A, B, C
secondCompany patents A, B, C, D
thirdCompaany patents A, B, D, F
yourCompany patents A, B, G

secondCompany needs a license from firstCompany to practice A, B, C, D
thirdCompaany needs a license from secondCompany to practice A, B, D, F
yourCompany does not need a license to practice A, B, G

I highly doubt placing turbos in the rear section of a vehicle was invented less than 20 years ago! If you do not want to get expert help, dig up their granted family of patents that relates to what you’re doing and flip to the “claims” section to see EXACTLY what they have patents on but I would advise you to seek expert help so that you won’t be bamboozled into getting a license you do not need.
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Old 09-03-2012, 08:47 PM   #46
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I'm not saying, I'm just saying....That's got STS from Utah "written" all over it.
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Old 09-03-2012, 09:29 PM   #47
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well done
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Old 09-03-2012, 11:45 PM   #48
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I'm not saying, I'm just saying....That's got STS from Utah "written" all over it.
After looking at pix on Google that's a yes and a no. There major claim is oil to and from, which is there big advertised claim. I don't use oil, I'm water cooled. Don@accelerated is remote also and using there oil to and from setup so who the heck knows. I'm not against buying a license but I'm not infringing on the oil patent even remotely just the remote mount maybe. I didn't know about STS until after so it definitely is not deliberate on my part. I just thought it up. Oh well it is what it is. I'm having fun and it works awesome.
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Old 09-04-2012, 01:20 AM   #49
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Quote:
Originally Posted by Roadstercycle View Post
After looking at pix on Google that's a yes and a no. There major claim is oil to and from, which is there big advertised claim. I don't use oil, I'm water cooled. Don@accelerated is remote also and using there oil to and from setup so who the heck knows. I'm not against buying a license but I'm not infringing on the oil patent even remotely just the remote mount maybe. I didn't know about STS until after so it definitely is not deliberate on my part. I just thought it up. Oh well it is what it is. I'm having fun and it works awesome.
Can't wait to see some videos!
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Old 09-04-2012, 09:27 AM   #50
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How is this being fueled?
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Old 09-04-2012, 09:27 AM   #51
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After looking at pix on Google that's a yes and a no. There major claim is oil to and from, which is there big advertised claim. I don't use oil, I'm water cooled. Don@accelerated is remote also and using there oil to and from setup so who the heck knows. I'm not against buying a license but I'm not infringing on the oil patent even remotely just the remote mount maybe. I didn't know about STS until after so it definitely is not deliberate on my part. I just thought it up. Oh well it is what it is. I'm having fun and it works awesome.
It looks terrific! If it has any of the gains you are further along than most, under hood temps are lower, an intercooler in the nose with a tune and you may have found "the golden bee bee".

I have experience with GM products and STS systems, I will never conventionally mount a turbo again.
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Old 09-04-2012, 09:29 AM   #52
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Also, have you checked fuel temperature? How close is that turbine to the tank?
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Old 09-04-2012, 09:45 AM   #53
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Can we assume there is a wastegate somewhere back there?
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Old 09-04-2012, 10:02 AM   #54
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Also, have you checked fuel temperature? How close is that turbine to the tank?
The turbo is nowhere near the fuel tanks. The fuel tanks also have a heat shield and the exhaust is rapped.
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Old 09-04-2012, 10:03 AM   #55
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Can we assume there is a wastegate somewhere back there?
Waste gate is internal, the BOV is back there too.
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Old 09-04-2012, 10:15 AM   #56
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Does that sticker say have fun hurt nuns?!!?! lol
It says "Have fun, hurt none".

EDIT: Saw someone beat me to it. That'll teach me to post without reading the whole thread.
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