[TowerTalk] Tower Jack?

[Jim Lux]

On 6/14/13 8:00 AM, Jon Pearl - W4ABC wrote:
>
> On 6/14/2013 10:23 AM, Jim Lux wrote:
>>
>> Is it patented? Or require some unusual fabrication?
>
> Apparently it's patented: http://www.superiormusic.com/towerjack.htm
>
> *NOTICE !! /Tower Jack/ Products are patented under several United
> States patents.
> Manufacturing and selling of these products by anyone other than
> Tower Jack Products of Mt. Juliet, TN is _strictly illegal_.*


Anyone know the patent #?  I searched the patent database for various 
combinations of gill and TN and tower (inventor, assignee, etc.)

>
> I actually found a larger 'entire' picture on fleabay:
> http://www.ebay.com/itm/Rohn-type-tower-install-removal-tool-leg-alignment-jack-heavy-duty-radio-ham-/271216494401
>
>> From the pictures I've seen, it seems that almost any metal
>> fabrication shop could crank them out. Maybe not for the same price,
>> but it sure doesn't look like it would be hard to make them.
>
> One would guess that if your intention is not to sell them, you could
> 'one-off' a copy.


Actually, manufacture for private use is also a no-no if it's patented. 
Unlikely you'd get caught, but all those things about "what you do when 
nobody's looking" come to mind.

There is an exception for "research", in that you can practice the 
patent to come up with new inventions based on it or to verify that 
there is sufficient disclosure that someone ordinarily skilled in the 
art can make it, but not to use the patent for what it was invented for. 
  (and that "research exemption" is the subject of much litigation in 
the biotech industry)

Otherwise, it would be easy to get around a patent by selling a trivial 
kit that the buyer assembles. "Attach handle A to device B" and there's 
your infringing device. In reality this is just transferring the 
liability of infringing the patent to the end user/manufacturer.  For 
some things, it's not worth it for the patent holder to go after every 
end user.

Although that is what some "non-practicing-entities" are doing with 
things like WiFi and some software patents.. they're going after users 
of the patented technology. Rather than take on Microsoft, you send 
letters to every user of Microsoft products which use your patent, and 
say "your use of our patent 1,234,567 is infringing. It is necessary 
that we protect our patent rights by vigorously pursuing all infringers. 
However, to put this matter behind us, we are willing to license your 
use of our patent for the nominal sum of $10,000.  Please contact me at 
your earliest opportunity, and hopefully we can both avoid the 
considerable expense and time involved in litigation."





>
>
> 73,
>
>
> Jon Pearl - W4ABC
> www.w4abc.com
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