Maxspect is keeping up the pressure on making sure Jebao gets the message to stop infringing on other company’s designs and patents. On Tuesday, Maxspect shared an email they posted online sending a warning to Jebao about using the company’s patent-pending design of its Gyre pumps.
The post states they are taking note to the Jebao Cross Flow pumps — Jecod CP-25 and CP-45 — seem to infringe on Maxspect’s pending patent application. The post goes further to note that “Maxspect is putting everyone on notice that theft of their intellectual property will not be tolerated and by ignoring this warning you may be liable for damages.”
Although we feel for Maxspect and other manufacturers that have their designs “borrowed”, there may not be too much that can be done at this point. According to U.S. patent law, pending patents cannot a person or entity that files a patent application on an invention has patent pending status until a patent issues or the application is abandoned. This isn’t a slam dunk that the U.S. Patent Office will actually grant the patent as it can be rejected for many reasons.
There are provisional rights for royalties and potential damages, however there are many requirements that need to be met. The notice letter sent may be effective to get Jebao to cease importation or engage in a discussion to agree on licensing fees, but we will most likely see Jebao ignore it and import these pumps. If and when the patent is issued, there might be another chapter to this story, but until then we may see more of these types of pumps on the market.
See the entire email sent to Jebao below:
December 24, 2015
SENT VIA EMAIL ONLY
Re: U.S. Patent Application Publication No. 2015/0292507 A1
Title: CROSS-FLOW WAVE MAKING PUMP
By: Guangzhou Maiguang Electronic Science Technology Co., Ltd., d.b.a. Maxspect
Sheridan Law Ref. 81151.0001
Guangzhou Maiguang Electronic Science Technology Co., Ltd., d.b.a. Maxspect (hereinafter “Maxspect”) is the owner of a utility patent application, which includes claim coverage directed to a cross-flow wave making pump. As a reference, enclosed is U.S. Patent Application Publication No. US 2015/0292507 A1.
I note from two articles in ReefBuilders.com that industry intelligence indicates that Jebao Co., Ltd. or related entities have designed and may offer a Jecod CP-45, a Jecod CP-25, or other related equipment which is described and illustrated as a “Cross-Flow Wave Pump”. As a reference, enclosed are copies of the two articles as well as a portion of the website at the aboveidentified URL. This equipment may ultimately infringe one or more claims of the pending patent application of the above-identified U.S. patent application publication. Under the provisional rights provisions added to the Patent Act in 1999, a claimant can recover damages (after the patent issues) if it gives notice to the target of the claims after the pending application is published. See, 35 USC 154(d).
At this time, Maxspect would be pleased to discuss various options to provide you with the ability to avoid liability for infringement under provisional rights provisions related to the above-identified patent application. If you are of the opinion that you do not need to take any action at this time with Maxspect, it would be helpful if you could give us some insight into your reasons. Infringement may occur through making, using, or selling a product in conflict with the claims of the above-identified patent application publication. Maxspect may elect to seek damages from one or both of sellers or manufacturers of infringing products.
Please contact me at your earliest convenience to address this matter.
James A. Sheridan Sheridan Law LLC