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Author Topic: Jerry Harvey appreciation thread  (Read 3109 times)

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Marvey

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Re: Jerry Harvey appreciation thread
« Reply #20 on: March 24, 2015, 01:35:43 AM »

That 2010 patent filed by Harvey for IEM with multi-drivers and crossovers should be invalid:

The one-year rule, also known as the one-year grace period or on-sale bar, is a doctrine that prevents an inventor for acquiring patent protection if the application is filed more than one year of the following: 1) any public use of the invention by the inventor, a sale of the invention, an offer of sale, or public use of the invention in the United States, OR 2) any description of the invention by the inventor in a published document (i.e. a printed publication) in any country. This enables inventors to market or commercialize their inventions for up to a year and decide whether or not they want to seek patent protection. After the one-year period, the invention becomes public domain and is not eligible for patent protection since it is considered to be prior art. In general, disclosure under a signed confidentiality agreement is not considered to be public disclosure.
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knerian

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Re: Jerry Harvey appreciation thread
« Reply #21 on: March 24, 2015, 02:04:11 PM »

Is this history accurate, can anyone familiar with the story verify?  If so then it seems he deserves something for his pioneering, no?

http://en.wikipedia.org/wiki/Ultimate_Ears
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tomscy2000

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Re: Jerry Harvey appreciation thread
« Reply #22 on: March 24, 2015, 02:22:08 PM »

Is this history accurate, can anyone familiar with the story verify?  If so then it seems he deserves something for his pioneering, no?

It's mostly accurate, no real issues. What does UE have to do with it though? Jerry was able to carry over his UE product line to the JH5, JH7, JH10x3, and JH11. He was cashed out of UE, and he took that money to found JH Audio after a one year non-compete period.

The issue at hand here is why JH Audio feels the need to "enforce the patent". The world of custom IEMs is very different from back in the day when UE and Westone were in an incestuous relationship (as were Etymotic/Shure/Sensaphonics). The new companies these days have technical support from the BA companies themselves, as well as their own R&D --- there's no need to collaborate as fully as they did back in the day. The designers might look around and think, "well, that's a nice idea", but for the most part, they blaze their own trail and want it to remain so. There's no real need to sue; the move seems both a retaliatory response and a peremptory one, almost purely for business reasons, not for "personal dignity".
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Marvey

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Re: Jerry Harvey appreciation thread
« Reply #23 on: March 24, 2015, 04:32:51 PM »

UE has everything to do with it. You can't patent something that you've already sold to people for more than a year.
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knerian

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Re: Jerry Harvey appreciation thread
« Reply #24 on: March 24, 2015, 04:41:03 PM »

UE has everything to do with it. You can't patent something that you've already sold to people for more than a year.

Yeah so that was what I was unclear about.  Did he develop it and then sell all the rights to them?
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Anaxilus

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Re: Jerry Harvey appreciation thread
« Reply #25 on: March 24, 2015, 04:43:13 PM »

One could say it's almost like he's targeting a smaller company because he thinks they don't have the resources to fight it. Prey on the weak. Must be something of a rush cruising on the freeway with the top down on your MB coupe like a big shot with your shades on, cellphone strapped to your ear exalting to your lawyer, "Sue 'em!" Just like some sort of 20th century mogul or robber baron. It's probably therapeutic to be a massive dick in the business world. Actually, as a massive dick, I can attest to the therapeutic benefits myself.
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DubiousMike

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Re: Jerry Harvey appreciation thread
« Reply #26 on: March 25, 2015, 10:08:44 PM »

After reading through the complaint and the claims on the patent application in some detail, it looks like the focus here is specifically on the use of dual HF drivers which are placed within the housing (along with multiple mid and low frequency drivers) in a way that minimizes certain distortions.  The key excerpt underlying this patent seems to be: "the first high frequency driver and second high frequency driver are positioned where the oscillation of one interacts with the oscillation of the other to reduce harmonic distortion, and where the first high frequency driver and the second high frequency driver each produce each produce similar frequencies."

Setting aside all the general allegations describing ba IEM's, the complaint alleges (in paragraph 19) that 1964 advertises that its v8 uses "precision tuned" dual HF drivers.  JH's attorneys go on to allege, in the same paragraph, without pleading any specific facts, that this descriptor "thus" means 1964 has infringed on JH's patent by positioning these HF drivers so that the oscillation of the one interacts with the other, reducing THD.  It is interesting that JH's allegations don't simply state that 1964 has placed the HF drivers in the v8 in a manner identical to the positioning set forth in their patent.  I don't practice any patent law, but this allegation in particular seems likely to invite a challenge at the pleading stage as burn previously mentioned.
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Eric_C

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Re: Jerry Harvey appreciation thread
« Reply #27 on: March 26, 2015, 12:19:00 AM »

I really hope 1964 wins this case. They seem like a small, honest company that's getting screwed over.
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tomscy2000

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Re: Jerry Harvey appreciation thread
« Reply #28 on: March 26, 2015, 11:49:29 AM »

I really hope 1964 wins this case. They seem like a small, honest company that's getting screwed over.

Well, yes and no. What JH is doing to them is unwarranted, but 1964's stupid ADEL campaign is asinine, asi-ten, asi-leven. The ADEL valve is the closest I've seen to snake oil in CIEMs in perhaps, ever. There is some scientific merit to it, but it's incredibly overblown.
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Re: Jerry Harvey appreciation thread
« Reply #29 on: March 26, 2015, 08:19:02 PM »

Well, yes and no. What JH is doing to them is unwarranted, but 1964's stupid ADEL campaign is asinine, asi-ten, asi-leven. The ADEL valve is the closest I've seen to snake oil in CIEMs in perhaps, ever. There is some scientific merit to it, but it's incredibly overblown.

Asi-ten is cute. I can see someone saying, "Obnoxious? More like obnoxi-You!"

What's going on with the Adel campaign? I haven't followed it.

I'm pretty sure no marketing claim about Adel is going to make what Jerry's doing here okay.
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