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  1. #1
    Forever a Student
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    Velocite vs. Pinarello

    Who is Velocite? They are the ones about to take Pinarello to court for patent infringement.... if they can afford it.

    Why?



    This.

    This is a "concave down tube" section that they have a patent on. Look similar to newer Pina down tubes?

    Velocite claims that new Pinarello Dogma F10 infringes its patents | Cyclingnews.com

    Dear Pinarello,

    I am personally flattered that you like my concave downtube design so much that you used it not only on the Bolide TT frame, but also on the just released Dogma F10 frame. If we had not patented the concave downtube design I would have personally been very flattered that a noted bicycle brand like yours chose to use our design, thus validating the year of development that I personally put into it. Alas, we actually hold three patents on the concave downtube design. One patent is a design patent in China (ZL2015 2 0139826.6), one is a design patent in Taiwan (D 170607) and then there is the main one, an invention patent valid for 20 years also granted in Taiwan (I562931). Both Taiwan and China are signatories to WIPO, just like Italy.


    I initially alerted you to this issue in May once I observed our design and associated aerodynamic performance claim on the Bolide TT bike, only to be met with complete silence until July when three members of your engineering team checked out my LinkedIn profile for some reason (July 16th to be exact). They did not talk to me, or anyone in our company. I guess visiting my LinkedIn profile was deemed sufficient.


    Our law firm sent you a letter on 21st of July 2016 formally notifying you of our concerns regarding your use of our intellectual property without ever discussing its fair use with us. Your law firm replied on the 4th of August and stated that owing to the long August holidays in Italy that you will be able to reply to us “no earlier than mid of September 2016.” Well it is now January 10th 2017 and there is still no response to our concerns. Instead today you released your second model that uses our intellectual property, the new Pinarello Dogma F10.


    I find this personally upsetting, both because this is my personal work that you decided to claim for your own and because we could never establish any meaningful dialogue with you regarding fair, or compensated use of our intellectual property. I could understand that perhaps you used our intellectual property by accident when you made the new Bolide TT. After all finding out who owns what patent is not that simple and in bicycle industry perhaps it is not the norm to investigate the intellectual property space before forging ahead with a new design. However, with the new Dogma F10 your use of our intellectual property is deliberate. You know it belongs to us. You were notified. You chose not to engage with us. What do you expect should happen next?


    Thus, I hope that this letter encourages you to at least talk to us about the use of our intellectual property. You can either contact our law firm whose details you have, or you can find me on LinkedIn just like you found me before.


    Sincerely,


    Victor Major


    CEO, Velocite Tech. Co Ltd


    Versus:


    and


    Here's a side by side:





    Good luck Velocite, I hope your pockets are deep, that's kind of a stretch.
    use a torque wrench

  2. #2
    RoadBikeReview Member
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    No. I think they nailed it and can expect to be clothed in Louis Vuitton soon.

  3. #3
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    The official response.

    Referring to “Open letter to Cicli Pinarello SpA” published by Mr. Victor Major, CEO of Velocite Tech, on velocite-bikes.com, Cicli Pinarello states the following.

    Cicli Pinarello SpA, as a leading company in the cycling sector, obviously takes Intellectual Property issues with the utmost seriousness, Pinarello itself being a patent holder.


    While it is true that Mr. Major, through his Taiwanese law firm, wrote to Pinarello on July 2016, it is also true that Pinarello promptly answered (on the 4th of August), through its law firm, clearly and unmistakably pointing out that Mr. Major’s communication was lacking essential information since it did not identify which of Pinarello’s products were contested nor did it give any explanation as to why such products would allegedly infringe Mr. Major’s patents. Providing this information is not ancillary but mandatory when an infringement is alleged.


    Pinarello’s patent attorneys not only asked Mr. Major’s attorneys to clarify his position, but also pointed out that Pinarello’s reply was to be expected “not earlier than mid of September 2016, provided that, in the meantime, we will have received the information mentioned above”, information that Pinarello was still waiting to receive from Mr. Major when he decided to post his “Open letter”.


    In the same letter, Pinarello’s patent attorneys also brought to Mr. Major’s attention the fact that bicycles with aerodynamic frames have been on the market for years, even going so far as to provide an example.


    Neither the requested information nor any reply was sent by Mr. Major in response to Pinarello’s request for clarifications, which have now been provided by Mr. Major in his “Open letter”.


    Despite his own fault in not answering Pinarello’s request for clarifications, Mr. Major chose to publicly write his “Open letter” and to depict Pinarello as a sort of “thief”, who uses a patented design without permission and does not respond to legal letters.


    Although Pinarello can understand that his behavior may procure Mr. Major a rise in his notoriety, that same behavior is deeply unfair, since Mr. Major himself is perfectly aware that he chose not to discuss the issue with Pinarello.


    Cicli Pinarello SpA was, and is, available to discuss the matter with Mr. Major, but will not tolerate and will take appropriate actions against any unsupported allegation, explicit or implicit, of being an infringer or a “thief”.
    use a torque wrench

  4. #4
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    Both parties are correct and both parties are wrong. Should have been completely handled by their attorneys and not in the court of public opinion. Frankly, I see an obvious patent infringement and I cannot associate Velocite's new development with "aero bicycle design". This one will be interesting to watch play out, hopefully inside the legal arena.

  5. #5
    flinty-eyed moderator
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    other Industry parties have weighed in on Twitter with their own prior art that Velocite ignored or didn't disclose in filing for their patent- probably why they never dared file their legal complaint and instead are milking this for free media for their small brand. . . .
    Dr. Cox: Lady, people aren't chocolates. Do you know what they are mostly? Bastards. Bastard-coated bastards with bastard fillings. But I don't find them half as annoying as I find naive bubble-headed optimists who walk around vomiting sunshine.

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