Here they go again. Looks like everyone in the hobby is going to court theses days.
PHILADELPHIA, PA . . . We at Bachmann are proud of our technology. We
have pioneered and developed, among other advances, a model railroad
track assembly sold, with great commercial success, under the designation
E-Z Track®. That track assembly is protected by a number of United
States Letters Patents, including No. 4,953,785 for an invention titled
“Track Assembly for Toy Vehicle” and No. 5,503,330 for an invention titled
“Track Bed Simulating Assembly for Snap Together Model Railroad Track.”
We have received the opinion of patent counsel advising that the
competing track assembly of ATI Model Products, Inc. d/b/a Model Power
(“Model Power”) infringes the claims of our patents. This is not the first
time. In 1997, Bachmann brought an action against Model Power in the
United States District Court for the Eastern District of Pennsylvania,
Civil Action No. 97-CV-3190, in which Bachmann asserted that Model
Power’s Lock-it Roadbed Track System infringed claims of the ‘785 patent.
Bachmann and Model Power settled the 1997 Action with Model Power agreeing
to a license which has since expired. Despite the expiration of the
license, Model Power has continued to manufacture and market track
assembly that infringes Bachmann’s patent rights.
Settlement negotiations having thus far proven fruitless, Model
Power has once again forced Bachmann into court. Bachmann filed a complaint
on February 7, 2006 in the United States District Court for the Eastern
District of Pennsylvania asserting the Model Power’s track assembly
infringes the claims of the ‘785 and ‘330 patents. A patent gives its
owner the right to exclude others from making, using, offering to sell,
selling, or importing the patented system. Bachmann will assert its rights
The only winners in these situations are the lawyers, who reap enormous profits from these suits if they win. Ultimately, we modelers pay their salaries through product pricing.
Does anyone even use Model Power track?? When I think of the track w/ roadbed systems out there I always think of Kato, Bachmann and Atlas, don’t even think about Model Power.
So what you are saying is that Bachmann should sue Model Power, but do so on their own without an attorney? If you felt you had been wronged by an individual or entity and discussing possible solutions proved to be fruitless would you proceed without one?
No what I am saying is that I hate lawsuits with a great passion, and nobody should be sueing anybody. There fore why do we need all these lawyers??? If people would just try to resolve their disagreements as ladies and gentlmen, I think this world would be alot more happier and we could cut down on the lawsuits by a signifigant margin.
BUT since I am a hopeless romantic and dont hold out much hope that the system is going to get better, this bologna is happening anyway, bachmann is in the right on this issue and modelpower needs to renew this licence. I saw the model power track and my first thought, Must have got permission from bachmann, As the track looks identical, and I would be very suprised of Model Power and Bachmann track did not hook right up.
Not really. Prices are set by supply and demand. Just because Bachmann has to pay lawyers to perform a service doesn’t mean the buying public will be willing to pay more for their products. If they raise their prices to pay their lawyers, they will sell less product.
Model Power does not have a leg to stand on. MP set a precedence by licensing the patent in 1997. With that action, they agreed that the patent is valid, and Bachmann is the owner. As a patent owner, you have the right to charge whatever you want. This suit will not be very long.
Actually it is the client that makes the determination whether or not to sue. To do otherwise would subject attorneys in many jurisdiction to discipline which may include suspension and disbarment.
I know very many attorneys that will advise not to sue. To say something like that is very irresponsible. Would you say that every doctor would say “you need surgery” or every mechanic would say “it needs to be replaced?”
Of course I guess it is your view also that the folks running Bachmann are complete idiots for just doing what their attorneys recommend without their own thoughts. Read the first post. The patent attorneys opine that the patent is being violated. Bachmann made the choice to sue.
If suing is such an obvious stupid thing to do what would you suggest Bachmann do if the folks running it want to protect their patent?
Because when two people who have pissed in your proverbial coffee start pissing in the others coffee, Its just nice payback.
Do I agree with UP sueing MTH, No. Do I agree with MTH sueing QSI? No. Do I agree with Bachmann Sueing Model Power, No. Do I agree with tom sueing ***, who in turn sues harry, No. But I am an idealist and hopeless romantic and I doubt I am ever going to see a society that has lofty goals and aspirations on the grounds that those goals and aspirations should be done because they are noble and good. But I am stuck with all these narrow minded frack ups who all they can think about is money and how much do they have.
Guess that all this was bound to happen though. This country was founded with people with high financial interests, They made it easy for others with high financial intersts to frack the rest of us who don’t.
I can see your point. I applaud you for your ideas. I also know that you will uphold those ideas should someone ever rip you off of everything you own. Don’t want to be a frack up and worry about you had and sue them to get it back.
I feel that you display a lack of understanding of human conflict…if you really stand behind your assertions. We have laws, police, and courts because people wrong one another.
He hates lawsuits, dude. It apparently doesn’t occur to him that it does one not a whit of good to act like a gentleman if the other party not only acts like a jacka$$, but an ignoramus at that.
My wife and I are currently suing for the right to build on a piece of lakefront property we own. Without going into a lot of detail, one of the reasons we were turned down is that the property in question could net us a return if we built a septic system and allowed a neighbor to hook up to it if t