USB Ports Patented, Cease & desist (2 Viewers)

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T_Chan

T_Chan

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So I checked my mail and was unpleasantly surprised with a cease and desist letter. I am apparently infringing on US patents 8,888,101, 9,114,314 and D720,019. One of these patents shows USB ports integrated into the edge of a poker table, which I also sell. I briefly reviewed the documents and see that the way I install them is different than the patent, where in the patent they are connected in series, whereas mine are in parallel going to a central hub. I wasn't even aware something like this could be patented considering I just pretty much buy wires and a hub and plug them into the table.

https://patents.google.com/patent/US8888101B1/en

I've removed the options from my website for the time being, since I'm in semi-panic mode. I'm not looking for any legal advice, but the community here has always been very helpful with insight and opinions. Any suggestions on how to proceed is welcome. I'm doing to do some homework over the weekend to find out if I should be seeking legal council.

I say semi-panic since I can just stop selling this feature, since the letter from this lawyer has asked me to cease and desist. It's just unsettling to receive this kind of letter when I'm just a small business trying to make a living. I respect someone trying to protect their patent and all, but it's left me feeling uneasy.
 
What doesn’t have a USB charger built into it? This sounds a lot like like a waste of time. Is he insinuating that HIS tables are “unique” and sought after because they use USB chargers installed in a series?
 
I also have no idea how USA patent law applies in Canada, and what sort of reciprocity exists. If you're a Canadian getting a letter from a US based lawyer, are you permitted to simply ignore them?

Also, a patent for a USB or any sort of charging station in a piece of furniture seems like a bullshit patent to me. It reminds me of people who mix medicines that are off patent, but get a patent for the combination of the two medicines. Give me a break.
 
Hornet said:
I’m not really an expert, but it seems like putting USB ports in a poker table is obvious and shouldn’t be patentable. I’d suggest finding yourself a good lawyer to write a response letter.
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This. Do not communicate directly with the lawyer who sent you the letter. Have an IP lawyer represent you.

Edit: Also, this is almost certainly a patent troll. Not legal advice, but I’m pretty sure tables in vegas and elsewhere had USB ports well before 2013, so I have no idea how this got approved. Again, not legal advice, but the location of a USB port doesn’t seem to me to be novel or patentable. And I agree with the view that the actual patent is rife with language that is challengeable.
 
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Tony, while I’m not a lawyer by trade, and you should definitely seek counsel’s advice on this, I had a chance to read through the utility patent in question just now. Just having been through over 30 patent infringement claims (on both sides) over the last 5 years alone, the structure of that awarded patent is rife with opportunities to challenge it.

After talking to counsel, I think your counsel should send a note suggesting how ludicrous the claim of infringement is, while you simultaneously file for an ex parte reexamination of the patent, because the method you use for the said outcome is materially different from the original patent, and that can frequently cause the USPTO to support a reexamination request.

An ex parte reexamination of an issued patent would involve only the patent owner and the USPTO.

As a third party challenger, you get to file the initial reexamination request.

There are three possible outcomes for each claim in a reexamined patent:
  1. confirmed (unchanged);
  2. canceled; or
  3. changed.
I found the following stats on the web:

USPTO statistics for 2019 show that 91% of requests for reexamination were granted, meaning that the successful requests satisfied the requirement of showing a substantial new question of patentability (SNQ).

In reexamination proceedings where the request was filed a third party (i.e., not the patent owner or the Patent Office), 79% of claims were canceled or changed. So if you are thinking of requesting reexamination of someone else’s patent, you have over 90% chance of the request being granted and, once granted, an almost 80% of seeing claims canceled or amended. So, a third party has a roughly 72% chance of success in getting patent claims canceled or changed as a result of reexamination.
 
I just read though the patent. It seems as what is patented is the placement of the charging port. If you move it to another location (like on top next to the cupholder) their patent is useless.
 
Sorry you're going thru this. It sucks that you will now have to waste money on hiring a lawyer to defend against this BS.

What's next? Did this table builder patent raised rails? Use of led lights on the table? Using foam under the playing surface? Complete nonsense.
 
I actually did see he had (what appears to be) another patent that had to do with table design ..but for the life of me I could not understand a word of it.... :ROFL: :ROFLMAO:.

The photo seemed to be underneath the table, and mentioned the patent design was the dashes and dots....

3rd one here:

https://patents.google.com/?assignee=Glenn+McCrory
 
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allforcharity said:
I suppose another way around would be to make the USB ports/wires removable. If it's not an integral part of the table, you can't be infringing on its design.
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Yes, I should be able to change to under mounted which differs significantly to the design shown in the patent, but it's not as sleek or inconspicuous as the built in version. It also appears that as someone mentioned, since I'm in Canada it doesn't affect me with regards to my Canadian sales, but would apply to any of my sales into the USA.

Thanks you to everyone for the suggestions and comments, I'm going to take a closer look at this tomorrow. I'm not going to do any more digging today though, but rather spend time with my wife on our 10 year anniversary.
 
Patent the new type of USB port, with the new type connector pin type. Or hardwire lightening plugs instead of plugin usb
 
Or possibly sell a charging kit addon that the owner installs to his satisfaction in any form or fashion they please
 
T_Chan said:
Yes, I should be able to change to under mounted which differs significantly to the design shown in the patent, but it's not as sleek or inconspicuous as the built in version. It also appears that as someone mentioned, since I'm in Canada it doesn't affect me with regards to my Canadian sales, but would apply to any of my sales into the USA.

Thanks you to everyone for the suggestions and comments, I'm going to take a closer look at this tomorrow. I'm not going to do any more digging today though, but rather spend time with my wife on our 10 year anniversary.
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Sorry to hear you're going through this complete BS to me but in any case Happy Anniversary!
 
As an outsider looking in, this is yet another data point to add to the craziness of the US. A patent where to install a charging port. FFS. A people really that fkn simple and petty?

Cant remember where Ive seen or read it but unfortunately patent trolls is big business in the US. This seems to be another example of it.
 
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