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Clinch

01/25/2008 6:40 AM

I´m afraid I haven´t explained my problem well enough and uncompleted in my last question to be followed by all members. So I make a new attemp:

I mount Superflux LED´s on flat cables, by piercing the pins of the LED´s through the conductors of flat cable (for instance a loudspeaker cable or the like) so that they make contact to the conductors and by thereafter bending the pins on the backside of the flat cable. Thereby the LEDs are mechanically fixed to the flat cable and make contact to the conductors.

A competitor has accused my company for infringement of his utility Model in which the piercing and bending steps are protected. Could you please inform me, whether this technique (just bending the ends of the pins of the LED´s flat to the cable) is protected and if so, for whom, or since when (hopefully earlier than 2003) this technique is state of the art.

I know that a similar technology was applied to fix LED-pins, inserted through holes of circuit boards before soldering or solderless (clinch technology). I guess clinching is the technique of bending the pins of SMD´s either flat, e.g. 90 degree, or under another angle on the backside of a printed circuit board. Was this technology also known to fix the pins of electronic components, especially LED´s or resistors or the like to cables, especially flat cables?

As I have to make a brief of appeal to get rid of the lawsuit to the court in the next couple of days, I would be very gratefull if you could help me with an argument or give me hints where to look for this technique.

I live in Germany and sure hope, that now everybody has understood my question.

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#1

Re: clinch

01/25/2008 8:20 AM

I worked with clinching equipment many years ago, ~2001 I think. But I was only bending the pins of through-hole components ~90° below the surface of the PCB.

The equipment I used was from CHAD Industries. They used x & y axis servo motors so I was able to program to clinch in any direction. I don't know is this helps you at all, but it's at least a US company you may be able to follow up with.

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#4
In reply to #1

Re: clinch

01/26/2008 4:53 AM

2001 was MANY years ago?!!!!?

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#5
In reply to #4

Re: clinch

01/26/2008 11:37 AM

That was yesterday to me.

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#7
In reply to #4

Re: clinch

01/27/2008 5:23 PM

Well, many years ago in a short career . I have done quite a bit of different things since that time...

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#2

Re: clinch

01/25/2008 8:30 AM

A process can be protected, but there are so many restrictions that it seems unlikely they were granted protection. First the process must be so unique that it would not be independently thought up by another in the business, for one example.

I suggest you ask the competitor for the Patent number they were granted, note I said granted, not just applied for. if in fact they do provide a granted number, go pull the patent and read it. They may be taking some liberties on what was granted.

Good luck and let us know how it turns out

Laby

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#3

Re: Clinch

01/25/2008 9:41 AM

I find it hard to imagine that this could be patented. I would advise you to retain the services of a patent lawyer (not a general practicioner). There is no new technology represented here.

Many people obtain what is known as a design patent. This serves two purposes. One, it provides much needed income to patent lawyers. Two it scares off people who do not understand patents. What the profession calls a "hard patent", or one that can't be worked around is fairly rare.

At one time the hornbook case on technology was the design of the conveyor that takes your groceries to the cash register. The "inventor" was denied a patent because he had not invented anything at all but simply used preexisting technology for a new purpose.

On the other hand, the patent office has gone wild in recent years due to the fact that they are now budgeted on the basis of how many patents they granted the year before. (I am not making this up!)

It should be well worth the consultation fee to a patent lawyer. As you well know, winning or losing is no more important than avoiding the expense of defending a frivolous suit. Contrary to what the politicians would have you believe, the main thing clogging courts is harassment suits of one corporation against another.

btw, patent law is the only branch of law that requires a special license.

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#6

Re: Clinch

01/26/2008 2:04 PM

3M has made a cable piercing electrical attachment system for several decades. If you looked up their patents, I suspect that you would find earlier patents for systems of piercing insulation to make a connection. If you can find an out-of-date patent that describes what you do, then you will have saved yourself a lot of legal fees -- you'd have clear proof that the idea is in the public domain.

If the other company has patented the idea for specifically your application -- mounting any component to electrical cord by piercing and then crimping, then you are on not such sound footing. But even then, if you find an earlier patent, you are home free: patents are fairly often issued (when they should not be) when there is prior art that the patent examiner's search did not turn up: perhaps he searched for piercing and stabbing but not for dislocating, or dislodging.

Have you asked your competitor to produce the patent number, so you can look at the patent?

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#8

Re: Clinch

01/28/2008 12:09 PM

About the only thing he could patent would be a new tool for crimping the leads. It would have to be new and innovating as there are are clench tools of all types and various degrees of bents. Fight this guy to the end, Start by having your lawyer requesting the patent numbers he claims to have.

By the way, are you soldering the leads to the cable or just depending on contact for conductivity?

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#9

Re: Clinch

01/28/2008 9:02 PM

Imagine if this guy won...

Would his next step be traveling to China and getting them on the same infringement for all those Christmas light decorations?

As said before, Clinching leads onto wires is not new, also called "IDC" Insulation Displacement Connector.

Clinching component legs on a PCB is to stop the components from moving while the PCB travels down the line to the wave soldering station, the alternative on PCB's for non-soldered connections is a "press-fit" type interference terminal.

Do you seal the connection once its made? like using epoxy as part of your process?

are the LED's for clenching available off the shelf?

the tools are available off the shelf? if so, what law have you broken?

if you developed the tools yourself, and they do exactly the same function as his, and he has them "patented" then you could have a problem, if he hasn't, then go and get it Pantented and see what happens (this gets done often)

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