The International Trade Commission has ruled that Toyota did not pilfer key technology from Solomon Technologies to create the Synergy Drive system used in ToMoCo's hybrids. Solomon CEO Gary G. Brandt is undaunted. "We believe the ITC made serious errors in interpreting the pertinent patent law and precedents in this case and as we have reviewed the case transcripts more fully we are even more convinced that we will eventually prevail." Speaking to TTAC [below] Brandt says his company had "numerous documented meetings" with Toyota prior to the release of the Japanese automaker's hybrid system. What's more, since the Prius was released, Toyota has licensed [what Brandt claims to be] Solomon technology to Ford. The legal action continues. Meanwhile, Solomon has posted an animation on their website highlighting the similarities between the two systems.
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I have neither engineering training nor patent law expertise, but I wish Solomon the best of luck with this Toyota action. Toyota’s deep pockets will pay for several battalions of lawyers, and it wouldn’t shock me if they dragged this out as long as possible to bleed Solomon dry.
And I’m sure Toyota would love to drag this into binding arbitration ASAP, since arbitration tends to be heavily slanted toward the wealthier parties.
I have some engineering training, and though patent law is beyond me, I have trouble seeing Solomon’s case. The two systems, though similar, are not similar enough, as far as I can tell. I mean, how many ways are there to accomplish what this device does? If two people were set the task of designing this thing, would their designs be radically different? I don’t think so. Planetary gear sets and stators are hardly rare. Even the video has at least one “Solomon does this, but Toyota does this” moment, where Toyota obviously took a different tack from Solomon. It’s discouraging when something you’ve been working on is brought to market ahead of you by someone who was working in parallel. Coincidence does not merit damages, and the ITC saw this.
Obviously, Toyota could simply buy up Solomon with pocket change (and it would probably cost less than the lawyers) if they thought – in their heart of hearts – that they had “infringed”. But the ITC saw things their way – as I have all along. (By the simple and obvious thought that Toyota would have been fools to steal someone else’s intellectual property when they can so easily afford to buy it if necessary).
Especially interesting is the fact that Toyota had “meetings” with Solomon and came away with the obviously correct conclusion that they would not be infringing.
Toyota might countersue Solomon.
There are patent squatters who attempt to patent such things as sharp pencils, watertight buckets, and perpetual motion machines all the time, most of the time they are looking for a settlement and nothing more.
Solomon does not appear to be squatting as they really do sell what they claim, but it does raise an issue. Will Solomon ask for a royalty on all the hybrid cars ever made that use this technology? What would a fee structure do to the growing market for hybrids?
Looks like Salomon lawyers are a lot more creative then their engineers.
This man invented this product and had a working model for sale in 1992. They sent the Plans for the product to Toyota and other automobile manufacturers as a licensing proposal. And toyota “redesigned” it? and then Licensed the electric wheel to Ford? I can’t believe any of you that commented on this could see it any other way. They stole his Idea and now they are profiting from that by licensing to others the same way solomon Tech was doing. Why doesn’t Ford, chrysler, Volkswagon, and GM just “redesign” it again and stop licensing it from Toyota? Because Toyota would through 50 million dollars worth of lawyers at them in ITC Lawsuits.
This really sucks for the independant inventor, If your Patent doesn’t protect your Concept, Prototype, or Product what is it for?
Toyota didn’t beat them to market, They found what they needed on the market and stole it.
BTW: When I say “Redesign” I mean change the color and location of some bolts and brackets. Because these things look the same.
I know a man in Australia who patented a device that is exactly what the power split device is. His patent attorney had a “conflict of interest” at exactly the time that toyotas prius adopted the PSD instead of the cone and belt cvt that was in the concept version. Maybe Solm tech should eat some humble pie and help pursue this instead, rather then try milking a dead cow. Then toyota would be throwing money at them to keep it a secret. Toyota kept looking after they approached Solm tech.. and they found something else.