Score one for the little guy: Inventor sues Home Depot

jeeves

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Unfortunately big businesses enjoy a certain immunity from small claims like this. Luckily someone with some authority saw right through HD's 'Bullet Proof' vest of money/lawyers.

My company is unfortunately being swept under the rug by a large corporation with a response of, "..........., sue us."

Unbelievable to me the way these(types of) people just pass responsibility with no inkling of remorse.


Good for the Inventor. Shame on HD, though I'm not surprised.
I think they'll get/are getting what's coming. They've leased a huge lumber yard (my companies former competitor) for 20 years and it now sits vacant because of the drop in new construction here in Fl.
 
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Steve K

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as an engineer, I sympathize with the inventor. However, I wonder what agreements he put in place before he disclosed his invention? Was it patented? Did he have any sort of legal agreement with HD to protect his intellectual property? HD will appeal the verdict, and they may not have to pay anything (other than their lawyer fees).

It's very risky to be a small inventor. Even with a patent, the inventor still has to be willing to take a violator to court and spend a lot of money on legal fees to protect the patent.

I hope the inventor triumphs, but the odds are still against him.

regards,
Steve K.
 

Jack Reacher

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Does anybody here have any idea of what constitutes the "safety" device? Any pics?

It's interesting that the inventor originally asked Home Depot for $2K for each device, which — initially at least — sounds like a lot of money.

I guess my question is; was he trying to rip off HD originally by charging them $2K for a $200 device? And no; I'm not trying to defend HD here, just ascertain the actual commercial dollar value of the device.

— Jack. :)
 

IlluminatedOne

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I would guess the device would not cost much to build, otherwise they would not have used it on so many saws.

So i guess the $2k was for the idea, i bet HD wish they had just gave him the $2k lol.

This story made me smile, so thanks for posting it. I always think we could do with more positive news.
 

asdalton

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I guess my question is; was he trying to rip off HD originally by charging them $2K for a $200 device? And no; I'm not trying to defend HD here, just ascertain the actual commercial dollar value of the device.

As Steve K. noted, a crucial question is whether the invention was patented. If so, the inventor can exclude anyone from using his invention without a license -- regardless of whether people think that the license fee is too high.
 

alpg88

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cool.
however i wouldn't cal it a win yet.
judgment and payment are 2 different things.
 

PapaGary

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From the article cited above:

And the damages for Home Depot don't end there. Hurley ordered it to pay Powell's attorneys the $2.8 million they say they are owed.
Cough! Choke! Gasp!

(Maybe I should stop trying to discourage my son from going to law school.)
 

LowBat

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I heard stories of what Home Depot does at the executive level. This doesn't surprise me.
 

Patriot

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When I read reponses like the one from Home Depot's David Powell and then read about the way their legal team behaved it makes me think I'll never walk into another Home Depot again. Their kind of unethical, rude, and hateful behavior is outrageously despicable. Powell ought to be vanquished from the company and they should issue a nation wide apology for their poor business practices.

Sadly, this type of hateful, defiant and outright instigative mindset from power brokers to plumbers alike, seems more and more frequent. I think that as we grown further away from the roots of our national heritage, founded upon biblical values and principles, this nation and its people will rapidly descend into an ever increasing state of immorality.
 

JohnR66

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Well said Patriot. I am distancing myself from some large businesses who misbehave. I have not bought a single thing from Best Buy after I heard they were screwing people on rebates and returns many years ago.

I just dumped AT&T for internet and local phone. I dumped Allstate Insurance for being rated in the dumper (customer service and claim denial) for one of the top rated smaller insurers. I bank only with a local community bank.
 

tebore

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I'm surprised HD lost. They must have some really terrible lawyers that'll never work in that town again.

I suggest everyone watch the movie "Flash of Genius" might be boring for some but it's a nice summary how corporate America treats the little guy.

Tactics usually used by huge companies are to stall for as long as possible and hope the patient expires or stall till the guy runs out of money to keep pursuing the suit.

Zenith, GE and Philips you should google to see how they treated their employees in the 1950 when some of the greatest inventions were made, stuff we use everyday.
 

JohnR66

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Hi caliber lawyers can't get you out of everything. It must have been pretty blatant.
 

750.356

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It's funny how an individual's intellectual property is viewed by people in general.

If Home Depot's CEO broke into Powell's home, stole $4M out of his safe, and then told him to **** himself, there would be a nationwide boycott organized within a week (coupled with angry mobs, pitchforks, etc.) Yet the company can exhibit a cavalier attitude about blatantly ripping off $4M worth of the guy's intellectual property, and we'll all still be tripping over ourselves to buy their lumber and chinese drill bits.

I have not bought a single thing from Best Buy after I heard they were screwing people on rebates and returns many years ago.

Funny you mention that. I was burned twice by Best Buy on failing to honor a rebate, years ago. Fraud, plain and simple.
 
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Patriot

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I have not bought a single thing from Best Buy after I heard they were screwing people on rebates and returns many years ago.


That's interesting John, I haven't stepped foot into a Best Buy since they failed to come through on a $49 rebate for a Mag brand monitor several years ago. I posted my experience on every consumer electronics forum I could find as well. If I need something in a pinch like the ipod charger that I purchased today, I buy it anywhere but Best Buy, even if I have to drive a bit out of my way.
 

ygbsm

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I'm surprised HD lost. They must have some really terrible lawyers that'll never work in that town again.

I suggest everyone watch the movie "Flash of Genius" might be boring for some but it's a nice summary how corporate America treats the little guy.

Tactics usually used by huge companies are to stall for as long as possible and hope the patient expires or stall till the guy runs out of money to keep pursuing the suit.

Zenith, GE and Philips you should google to see how they treated their employees in the 1950 when some of the greatest inventions were made, stuff we use everyday.
I've practicing IP/patent litigation over 15 years and I've never run across the firm or the attorney representing HD, and I know, worked with or have been up against most of the big name firms in the field. (I have, however, worked with attorneys who had actual face-to-face dealings with Kearns and some of the stories are quite "interesting.")

One thing unique to patent litigation is that patent actions often hinge on what is called "claim construction" which has been identified as a "matter of law" and therefore for the trial court judge in the first instance to decide, normally after what is called a "Markman hearing." The claim construction construes the meaning of the terms in the claims at issue of the asserted patent(s). On appeal, the claim construction is often central to determination. The Federal Circuit, the Court of Appeals for patent cases has, last I looked, around a 40% reversal rate (this seems to depend a bit on the Federal District out of which the decision below came) on the claim construction. It really ain't over til it's over.

Also, in individual inventor actions where the plaintiff is not a manufacturer/seller of the patented product, a consideration, particularly with respect to settling cases before trial or even dispositive motions, is the fairly recent ruling by the Supreme Court in eBay Inc v. MercExchange, L.L.C. Before eBay, injunctions in patent actions for prevailing patentees were almost routine -- this was a big gun in the hands of plaintiffs. If the defendant went to trial, say on a major product line, they could well be shut down if they lost undrr the pre-eBay standard. That would have been taking a big chance and if, for example, you were in-house counsel who made the call to go to trial and it lead to a major product line being shut down, you could have some serious 'splaining to do. Now, however, if a solo inventor does not manufacture (sell) the patented product, an injunction will likely be harder to obtain under the eBay standard, marking for less of a "gun."
 
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