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Copyright, Patent, General Intellectual Property Discussion (Branch from M32 Thread)
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<blockquote data-quote="Uli Behringer" data-source="post: 115098" data-attributes="member: 1604"><p>Re: New Midas M32 Console</p><p></p><p></p><p></p><p>Dear John,</p><p></p><p>I have great respect for your achievements and enjoy reading your comments on different forums. However, I have noticed that you have alluded on multiple occasions that you believe we have infringed upon your Feedback Indicator patent, which was filed in your name while you were employed with Peavey. </p><p></p><p>Since this sentiment continues to shine through in many of your comments, I thought perhaps it would be appropriate for me to personally address the issue and correct what appears to be a misconception. While I respect your opinion, allow me to establish the facts of the matter.</p><p></p><p>Over the past several years, Peavey has waged numerous lawsuits against the MUSIC Group, most of which relate to alleged patent infringement. With respect to the Feedback Indicator patent, the judge rendered an opinion of non-infringement as the circuitry is unquestionably different. During the trial, electronic expert witnesses testified that our FBQ circuitry was substantially different and did not infringe Peavey’s patent. The judge agreed and MUSIC Group won the case. </p><p></p><p>In fact our circuitry is so different that we have been granted our own FBQ Feedback Detection patent.</p><p></p><p>In a recent lawsuit brought by Peavey for patent infringement and upon reexamination by the U. S. Patents office, the examiner issued an opinion that there was simply no way that the MUSIC Group could infringe Peavey’s patent, because Peavey’s patent was null and void due to prior art. Let me be clear, despite numerous attempts, Peavey has never won a single lawsuit against the MUSIC Group.</p><p></p><p>Unfortunately, the legal landscape in our industry is not as simple as it may look on the surface. For example, it might be of interest that Peavey/Crest also sued QSC over patent infringement on multiple occasions and those cases are still ongoing.</p><p></p><p><a href="https://www.pacermonitor.com/public/case/173162/Crest_Audio,_Inc_v_QSC_Audio_Products,_LLC" target="_blank">https://www.pacermonitor.com/public/case/173162/Crest_Audio,_Inc_v_QSC_Audio_Products,_LLC</a></p><p><a href="http://news.priorsmart.com/crest-audio-v-qsc-audio-products-l9dZ/" target="_blank">Crest Audio, Inc. v. QSC Audio Products, LLC patent lawsuit</a></p><p></p><p>At the same time Peavey is also involved in a lawsuit in which Acoustic Artistry LLC has filed a complaint against Peavey relating to intellectual property, alleging “misappropriation of trade secrets, breach of contract, suppression, misrepresentation, promissory fraud, negligence, conversion, and unjust enrichment”.</p><p></p><p><a href="http://www.leagle.com/decision/In%20FDCO%2020120418884" target="_blank">ACOUSTIC ARTISTRY LLC v. PEAVEY ELECTRONICS CORPORATION | Leagle.com</a></p><p></p><p>In our Company’s 25 year history, we like to state that we have only lost one IP case nearly 20 years ago which is extraordinary in any industry. I have attached a statement which I had posted some time ago regarding this previous case and our view of IP in general.</p><p></p><p><a href="http://soundforums.net/junior-varsity/4299-uli-behringer-music-group-q-3.html#post29363" target="_blank">http://soundforums.net/junior-varsity/4299-uli-behringer-music-group-q-3.html#post29363</a></p><p></p><p>We are committed to never engage in any activity that willfully infringes on the intellectual property rights of any company or individual. However, we are also aware that legal wrangling will continue as we press on with our philosophy of delivering the best products at the lowest possible cost. </p><p>Some competitors will view lawsuits as a way to compete and as a good marketing tactic as they try to discredit our company - we will simply have to live with this.</p><p></p><p>Our whole focus is on innovation and IP creation that enables us to design great products such as the X32. I feel very honored and humbled that we have received 6 industry awards at the recent Namm show.</p><p></p><p>Warm regards</p><p></p><p>Uli</p></blockquote><p></p>
[QUOTE="Uli Behringer, post: 115098, member: 1604"] Re: New Midas M32 Console Dear John, I have great respect for your achievements and enjoy reading your comments on different forums. However, I have noticed that you have alluded on multiple occasions that you believe we have infringed upon your Feedback Indicator patent, which was filed in your name while you were employed with Peavey. Since this sentiment continues to shine through in many of your comments, I thought perhaps it would be appropriate for me to personally address the issue and correct what appears to be a misconception. While I respect your opinion, allow me to establish the facts of the matter. Over the past several years, Peavey has waged numerous lawsuits against the MUSIC Group, most of which relate to alleged patent infringement. With respect to the Feedback Indicator patent, the judge rendered an opinion of non-infringement as the circuitry is unquestionably different. During the trial, electronic expert witnesses testified that our FBQ circuitry was substantially different and did not infringe Peavey’s patent. The judge agreed and MUSIC Group won the case. In fact our circuitry is so different that we have been granted our own FBQ Feedback Detection patent. In a recent lawsuit brought by Peavey for patent infringement and upon reexamination by the U. S. Patents office, the examiner issued an opinion that there was simply no way that the MUSIC Group could infringe Peavey’s patent, because Peavey’s patent was null and void due to prior art. Let me be clear, despite numerous attempts, Peavey has never won a single lawsuit against the MUSIC Group. Unfortunately, the legal landscape in our industry is not as simple as it may look on the surface. For example, it might be of interest that Peavey/Crest also sued QSC over patent infringement on multiple occasions and those cases are still ongoing. [URL]https://www.pacermonitor.com/public/case/173162/Crest_Audio,_Inc_v_QSC_Audio_Products,_LLC[/URL] [URL="http://news.priorsmart.com/crest-audio-v-qsc-audio-products-l9dZ/"]Crest Audio, Inc. v. QSC Audio Products, LLC patent lawsuit[/URL] At the same time Peavey is also involved in a lawsuit in which Acoustic Artistry LLC has filed a complaint against Peavey relating to intellectual property, alleging “misappropriation of trade secrets, breach of contract, suppression, misrepresentation, promissory fraud, negligence, conversion, and unjust enrichment”. [URL="http://www.leagle.com/decision/In%20FDCO%2020120418884"]ACOUSTIC ARTISTRY LLC v. PEAVEY ELECTRONICS CORPORATION | Leagle.com[/URL] In our Company’s 25 year history, we like to state that we have only lost one IP case nearly 20 years ago which is extraordinary in any industry. I have attached a statement which I had posted some time ago regarding this previous case and our view of IP in general. [URL]http://soundforums.net/junior-varsity/4299-uli-behringer-music-group-q-3.html#post29363[/URL] We are committed to never engage in any activity that willfully infringes on the intellectual property rights of any company or individual. However, we are also aware that legal wrangling will continue as we press on with our philosophy of delivering the best products at the lowest possible cost. Some competitors will view lawsuits as a way to compete and as a good marketing tactic as they try to discredit our company - we will simply have to live with this. Our whole focus is on innovation and IP creation that enables us to design great products such as the X32. I feel very honored and humbled that we have received 6 industry awards at the recent Namm show. Warm regards Uli [/QUOTE]
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