Help! My e-bike kit has been infringed, what should I do?

[senquan]

This is Senquan, CEO of 100G Smart Tech, a company founded in 2016(https://www.100g.tech/). The motor with integrated cassette sensor and Bottle battery are the main features of our ebike kit. Regarding the motor with integrated cassette sensor, we have several invention patents from China. I was stunned when I saw Youtube channel Electroheads reports about Lavita and Boost ebike conversion kit on the Internet.

This motor has exactly the same appearance as my motor, and claims to integrate cassette sensor, and the definition of the special 10Pin motor wire is exactly the same!
As for this motor, it comes from the private mold of my motor supplier and has a patent for its appearance. The motor integrated with cassette sensor, 100G Smart Tech owns the invention patents since 2016.

Can Lavita and Boost provide proof of patent licensing of their motor suppliers?

We have many dealers but no Boost, then I checked his motor supplier - sharpbike, we used to sell some motors to sharpbike in 2021, but after that We stopped licensing and selling motors to him. From 2022, the motors with cassette sensor supplied by sharpbike are illegal theft, and we are taking legal action to defend our rights.

When I asked Boost to stop showing and selling stolen motors, Boost claimed that I had to delete all comments on the Internet about patent licensing challenges, and claimed that he had proof of legal use by the motor supplier (but did not provide it). He quickly shut down his Indiegogo campaign, closed his Instagram account, and stopped responding to my emails.

I contacted the Yotube channel Electroheads, and they replied that they only accept command from their client - Boost, and don't care about spreading copyright infringement. Then they blocked my comments.

Here is the evidence of infringement by Lavita, Boost and Sharpbike:

What should I do?

 

[Nealh]

If you want to sue then you have to go with legal help and litigation.

 

[StuartsProjects]

What should I do?

Cannot see how a forum of volunteers can be of much assitance.

 

[Woosh]

What should I do?

suing in Europe is straightforward.
1. Buy one of the kits they are selling. You need this to prove your case.
2. Check which part or parts you think they have used your patent or patents without your consent.
3. If you think you can prove the infringements, hire a patent lawyer. There are hundreds in the UK and even more in the EU.
4. Your lawyers will start proceedings by writing a letter to the defendant(s) asking them to cease, desist, deliver unsold items to your representatives and furnish a list of all their customers whom they sold the infringing goods to.
5. If they don't comply, your lawyer will start proceeding in the High Court.

If those who infringe your patents know they are in the wrong, they will start negotiate in step 3 and / or close their business because litigation costs a lot of money and bankrupt a small company.
If you hire a lawyer, they usually ask you to pay them about 10,000 USD to cover their initial expenses. A day in the High Court costs about 20,000 USD, you have to pay this in advance and claim back the amount when you win. A patent Court case rarely costs less than 100,000 USD. Most of the time, they are resolved through negotiation.

 

[rik111]

Exactly as above, we once had a patent infringed and one visit to the patent lawyer and a cease and desist letter cost a princely sum. Luckily the Indian manufacturer / their UK distributor took notice and changed their design but only slightly.

 

[sjpt]

Yes, chasing it up is sadly likely to be very expensive; and even if you get a judgement in your favour getting it enforced my be expensive as well;. Or (as in rik111's case) the infringer may be able to make very minor adjustments that still infringe the spirit of you patent but avoid actually infringing the claims.

It probably isn't just patents that are involved. You mention and has a patent for its appearance: this seems unlikely unless somehow the appearance affects the behaviour. I'd expect the appearance to be covered by a registered design, or even (if the appearance is part of the branding) by copyright. They are all expensive minefields, just not all the same expensive minefield. Use of a bottle battery in your kit may be a characteristic, but hardly one you can expect to claim any special rights to.

It's often very difficult to tell with patents as people so often proudly say their devices are covered by patents, but don't say exactly what patent. For example, Cytronex is also keen to advertise that their cassette sensor is patented but don't seem to say what patents are actually involved, and patent search isn't easy. Maybe their patent doesn't overlap with yours at all, or maybe they infringe yours, or you infringe theirs; without patent numbers and priority date we can't tell.

 

[guerney]

If their website is to be believed, the Boost kit appears to be available for installation, at the very least, at bike shops all over the UK. You could consider writing to all of them.

Do the makers of the video receive an affiliate fee? Consider perhaps flagging the video and stating your case to Youtube? There's nothing preventing you from uploading thousands of videos yourself.

 

[senquan]

suing in Europe is straightforward.
1. Buy one of the kits they are selling. You need this to prove your case.
2. Check which part or parts you think they have used your patent or patents without your consent.
3. If you think you can prove the infringements, hire a patent lawyer. There are hundreds in the UK and even more in the EU.
4. Your lawyers will start proceedings by writing a letter to the defendant(s) asking them to cease, desist, deliver unsold items to your representatives and furnish a list of all their customers whom they sold the infringing goods to.
5. If they don't comply, your lawyer will start proceeding in the High Court.

If those who infringe your patents know they are in the wrong, they will start negotiate in step 3 and / or close their business because litigation costs a lot of money and bankrupt a small company.
If you hire a lawyer, they usually ask you to pay them about 10,000 USD to cover their initial expenses. A day in the High Court costs about 20,000 USD, you have to pay this in advance and claim back the amount when you win. A patent Court case rarely costs less than 100,000 USD. Most of the time, they are resolved through negotiation.

Thanks, you made it very clear.

 

[carlbikekits]

Senquan, have you made any progress with this?

 

[Nealh]

If there is no patent then it is fair game to anyone to bring to the market.