Tool manufactuer is run by tools!

[Lute Skywatcher]

I just got a call from an inventor, let's call him Bob, whose patent was stolen by the above referenced manufactuer. We'll call them RYB. Someone at RYB convinced the surviving sons of a completely different Bob who happened to have the same last name and initial that this patent really belonged to their father. Naturally, the sons had no idea but let RYB have the rights to the patent anyway. So now RYB has been making saws that have this valuable invention, which they have no rights to.

Now the correct Bob has been in touch with the sons of the other Bob and all three have been trying to correct the situation. RYB hasn't. Bob has lost in the neighborhood of $100K trying to get RYB to pay up or otherwise recitify their end of the deal. Neither I nor Bob have anything against the sons, the problem here is RYB and the scam that started this mess. Who knows how many other scams they've pulled?

I advise all Dopers to not buy any saws made by RYB, or anything else from them for that matter. And if anyone can suggest the next step for Bob, let's hear 'em. RYB owe Bob big time.

[Coldfire]

Spelling Committee headed by iliterid! :D

[GaWd]

As an avid tool lover and collector of expensive equipment, I can honestly say I'm baffled by your acronym of "RYB". Aside from that, Bob needs to contact a good IP/patent lawyer.

Sam

[Lute Skywatcher]

From what I understand, Bob has been in contact with an attorney. That's where his $100K went.

As for what RYB stands for, the last sentence might contain an anagram of sorts. ;)

[wolfman]

This sort of situation is exactly why I sent my horde of minions out to scour the world and kill anybody who had the same name as me. And people called me paranoid.

[MikeG]

Eh, Porter Cable makes better products anyways...I had one of RYB's sanders and the thing crapped out constantly in production work. And don't get me started on their table saw.

[Zakalwe]

This sort of situation is exactly why I sent my horde of minions out to scour the world and kill anybody who had the same name as me. And people called me paranoid.
Hee!

[JerH]

I used to work in the outdoor power equipment industry - the company in question was known then (about 8 years ago) for being . . . a bit liberal with the claims made in their marketing; they didn't outright lie, but they did tend to present things in a way that wasn't entirely true but was a perspective from which their low-to-mid-grade products looked like the best stuff in the market.

[Bill H.]

What a bummer for the real Bob. However, from the little you describe of the situation, it doesn't sound to me like RYB is that evil. In fact, I commend them for seeking out the patent holder and compensating them, or at least offering to. That's not the typical path; many companies would build what they want and let the lawyers battle it out.

How did they possibly find the wrong Bob? Didn't the real Bob use the proper address when filing and keep a good mail forwarding path?

Also, I'm surprised you have nothing against the sons. What are the odds that their father also was an inventor with a passion for tools? Sure sounds to me like they were mighty accepting of something that wasn't theirs.

[GaWd]

Well, since I'm no good at playing the anagram game, I'll give on it.

Still, your friend NEEDS to contact a lawyer. If the lawyer he currently has soaked him for $100K with no results, either he needs to give up the fight, or retain a competent lawyer to take up his cause. It should have been apparent at least $50K ago that his current legal situation wasn't working out.

Then he needs to factor the time involved in fighting big evil company "RYB", along with his previous and future legal bills and decide whether this fight is even worth it to him besides on the front of future royalties or a lump sum buyout of the patent. I mean, 100K isn't chump change and how much could his invention net him at this point? Enough to pay the lawyers?

There really isn't any recourse in the matter except to try and take on the big company In Pro Per-and if they've soaked his lawyer for $100K already, it's not likely that he'll be able to take the company on on his own.

Sam

[Lute Skywatcher]

What a bummer for the real Bob. However, from the little you describe of the situation, it doesn't sound to me like RYB is that evil. In fact, I commend them for seeking out the patent holder and compensating them, or at least offering to. That's not the typical path; many companies would build what they want and let the lawyers battle it out.Sorry if I wasn't clear, that's exactly what they are doing at this point. They refuse to acknowledge they had the wrong Bob. They may have even been aware they had the wrong one to begin with.Also, I'm surprised you have nothing against the sons. What are the odds that their father also was an inventor with a passion for tools? Sure sounds to me like they were mighty accepting of something that wasn't theirs.Seems to Bob and me that they were duped. They're the ones making an effort to ensure Bob has the rights to his own patent. RYB isn't doing a damn thing.

[Mithril]

I'm boycotting RYB anyway, so I can't help out much. But I'll split the effort and boycott one half for Bob and the other half because the stupid chuck on a RYB drill cost my Steel Bridge competition team a one-minute penalty when it loosened and dropped the bit into the 'water' we were working over.

[CrankyAsAnOldMan]

How does your friend know that they "scammed" the sons? Why would a company go to the trouble of finding an identically-named person? How would they know that by finding a different Bob they'd get off cheaper? This just isn't credible to me, but maybe I am missing something.

Is your indignance really warranted? How do you know the company's motivations?

[Lute Skywatcher]

All I really know is that at some point the people at RYB realized they had the wrong Bob and that the real Bob has lost lots of money trying to get RYB to do right by him. He's become friends with the sons and word is from Bob that even they feel they were scammed.

[Richard Pearse]

Ryobi?

[astro]

I don't quite get it. The situation you describe, which is basically a case of incorrectly attributed patent rights based on incorrect identification of the patent holder, should be clear cut once the proper owner of the patent certifies that they are the actual patent holder. They may even be damages involved in a case like this.

Patent ownership should be clear cut in this case. and RYB is emminently sueable and possibly liable for damages beyond just the patent rights. Assuming a big company like RYB has decent and rational attys, and the right Bob has solid documentation of this patent, RYB should be scrambling to settle. Instead, you indicate Bob has spent 100K on atty fees and RYB is stonewalling him.

Something about this scenario and the inventors story just does not hang together logically, unless there's a lot more to this story you did not relate in the OP. If the right Bob is asking for money or assistance from you I would be very wary.

[Lute Skywatcher]

Something about this scenario and the inventors story just does not hang together logically, unless there's a lot more to this story you did not relate in the OP.I happen to work for the Government agency that keeps track of intellectual property rights, I'm also one of two dozen people that handle transfers of those rights. Our records indicate that on 4 June 2001, the brothers signed over rights that they didn't have. On 11 November 2003, they filed an affadivit that that the 4 June assignment was invalid. We have nothing from RYB. If the right Bob is asking for money or assistance from you I would be very wary.He's not.

[Lute Skywatcher]

I just noticed something interesting, the invention application has the right Bob living in the same city as one of the sons.

[astro]

I happen to work for the Government agency that keeps track of intellectual property rights, I'm also one of two dozen people that handle transfers of those rights. Our records indicate that on 4 June 2001, the brothers signed over rights that they didn't have. On 11 November 2003, they filed an affadivit that that the 4 June assignment was invalid. We have nothing from RYB.He's not.

And this is what puzzles me. Given the facts of the case you have related, how could $100,000 have been spent in atty fees in the course of a year or less to solve what should take a few letters of clarification between parties. Ryobi's described actions make absolutely no logical business sense in the context of the situation you have described, nor does Ryobi's non-responsiveness in what is an obvious and easily established case of mistaken identity.

The only possible scenario I can think of for stonewalling is that the RYB attys that did the patent search will be liable to RYB (assuming they are not in house) for damages because of a sloppy patent title search, but that's between RYB and the it's attys, not the Right Bob and RYB.

[Gatopescado]

I'm not worried about Bob in the slightest. Ever since he went Big Time with Enzyte, he's been Living Large. He obviously has a great job that takes him to Japan, where his reputation as a Stiff Negotiator must earn him a comfortable living that allows him to spend lots of time entertaining, swimming, bowling, auto racing and golfing. Not to mention a little well earned respect.

No, Bob and his Tool are just fine. His Wood is well cared for, saw patent or not. I don't even know why he is messing around with "RYB". Unless its just to give them a Hard time.

_________________
Actual ad disclaimer: "Consult Physician if erection lasts more than 4 hours."

[Lute Skywatcher]

The only possible scenario I can think of for stonewalling is that the RYB attys that did the patent search will be liable to RYB (assuming they are not in house) for damages because of a sloppy patent title search, but that's between RYB and the it's attys, not the Right Bob and RYB.I think you got most of it. Sounds to me like RYB isn't letting its attorneys to acknowledge Bob's pursuit of his patent, probably because they've been illegally profiting on it for the past few couple of years.

And gatopescado: I was wondering when someone would make that comparison. :)

[Lute Skywatcher]

That "few" was supposed to have been removed.

[cj finn]

Jeff:

I am a patent attorney, and I too am having a few problems with understanding the scenario. Specifically that it would take Bob's attorney $100,000 to show in court that Ryobi has no rights to the patent. I suppose that above and beyond the fradulent transfer/license, Ryobi is denying that their products infringe the patent as well. If so, I imagine that the $100k also includes all the discovery that has taken place right?

Anyway, one thing I do know from actually suing a Japanese firm for patent infringement is that they do not want to admit anything. From what I've been able to gather, this is a cultural thing as no one at the company wants to admit to wrong doing, whether it was accidental or not. So the fact that Ryobi is putting Bob through his paces isn't that unusual I guess, I was just wondering what they were actually arguing about at this point: the license or infringement?

CJ

[Lute Skywatcher]

I was just wondering what they were actually arguing about at this point: the license or infringement?Both, I think. I do know Bob wants to ensure our records show him as the correct owner of the patent.

[cj finn]

Bummer for Bob then. Who likes to admit guilt? No one. In this instance, the nationality of the corporate executives in charge of the litigation is working against Bob. Only Ryobi's litigation counsel are happy in this situation.

Hope it goes well for Bob.

CJ