I understand going after people for patent infringements but to go after other devices that do a similar function with a different design is poor form and shouldn't stand up in the courts
It should get struck down in the courts, but that totally depends on these small shops that are producing an open source design, being able to put the money and energy into fighting RB to resolution on the courts. If RB can out spend them in court or intimidate them into giving in without a fight that tests their patent, that's all they really have to do, and is certainly the plan.
It all depends on the claims in the patent. When a patent application is filed, the claims typically start very broad and pair down to a minimum set of criteria required for viability. If the broad claims get through the patent reviewers (generally they do not) all the better for the applicant.
In this case, the claims might read as such (this is parody, but not by much)…
1. All “triggers.”
2. Any device that, by any means, actuates the operation of any device.
3. The claims of claim 2, specifically designed to actuate any device that propels any projectile.
4. The claims of claim 3, specifically designed to actuate any device that uses any propellant to propel any projectile.
5. The claims of claim 4, specifically designed for a man portable device.
6. The claims of claim 5, specifically designed for a firearm.
7. The claims of claim 6, specifically designed for a rifle.
8. The claims of claim 7, whereby the “trigger” uses the energy generated from the firing of the rifle to trip the trigger reset, allowing for more rapid fire of the rifle.
9. Etcetera…
Claim 1 is so broad that it includes calling someone a douche-nozzle on the internet.
Claim 3 includes any device that fires cannons, bows, naval guns, torpedo tubes, etc.
Claim 5 includes rifles, shotguns, pistols, bows, muzzleloaders, crossbows, wrist rockets, super soakers, etc
Claim 8 is the first claim of my patent parody that has started to hone in on the actual goals of the patent app. But, it would include all trigger designs that “automatically” trip a trigger reset.
I haven’t seen Rare Breed’s patent(s) so the above is purely edutainment. But, it does illustrate the point that the US patent system is “arcane.” And, it is not that uncommon for the legal (patent enforcement) department of a company to be the most lucrative portion of a business.
I’m not a lawyer, but I am listed as author on a few patents, so I’ve seen the system operate.
