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cpoxon

iFly's European Patent / ISG

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Confused?

ISG say this,

Quote


ISG, German manufacturer of high performance freefall simulators for professional skydivers, military divisions and the entertainment industry achieved an important milestone at the European Patent Office. ISG manufactures freefall simulators in form of closed recirculating vertical wind tunnels. The wind tunnel technology was developed in cooperation with the Aerospace Department of the University Berlin (Technische Universität Berlin), Germany, and is internationally recognized for its energy efficiency, safety and design. The first reference facility of ISG opened in 2009 in Bottrop (www. indoor-skydiving.com). Since then, ISG has successfully sold and built many facilities worldwide.
In December 2014, iFLY sued ISG in Germany based on iFLY´s new European Patent No. EP 2 287 073 and claimed that ISG infringed the iFLY patent. On 19 September 2016, the European Patent Office decided that the Patent No. EP 2 287 073 is not valid and can only be upheld with significant restrictions. The newly restricted version cannot be infringed by ISG.
The decision of the European Patent Office on 19 September 2016 is in line with a number of prior decisions against iFLY’s repeated attempts to extend their original patents by applying for divisional applications/utility models. (see for example T1196/11).
“We are happy about the ruling by the European Patent Office”, says Boris Nebe, CEO of ISG. “And it shows once more that iFLY´s repeated attempts to unduly broaden their patents beyond the scope of the original application in order to catch our and our European competitor´s technologies are illicit and useless.



iFly say this,

Quote


AUSTIN, Texas, Sept. 22, 2016 /PRNewswire/ -- In oral proceedings, the European Patent Office has upheld iFLY's European patent 2287073 as modified. Indoor Skydiving Germany's (ISG's) latest attempt to invalidate iFLY's patents has failed. iFLY's patents covering the key technologies which make vertical wind tunnels safe, cost effective entertainment remain valid and enforceable in Europe, as they are in dozens of other countries around the world. The company confirms that it will continue to aggressively protect its industry-changing technology anywhere it is challenged.

The EU Opposition division rejected ISG's novelty arguments and found that iFLY's claims were inventive over the prior art. "This determination by the European Patent Office shows that iFLY's foundational patents are valid and can withstand significant challenges not only in the US but also in the EU," said Alan Metni, CEO of iFLY. "We are gratified that the European Patent Office confirmed that our innovations were both novel and inventive." Metni added, "We will continue to pursue complete protection over the full scope of our invention in every jurisdiction where we operate and will continue to add to our claims through the open applications we have pending around the world, including in Europe."

ISG's latest efforts to avoid iFLY's patents come on the heels of iFLY's recent decisive win in the US in which ISG agreed to terminate sales of all vertical wind tunnels in the United States during the duration of iFLY's patents. In 2014, iFLY initiated litigation against ISG for selling a wind tunnel for installation in Phoenix, Arizona. Throughout that litigation, ISG attacked the validity of the SkyVenture patents in both the District Court and the US Patent Office. Those attacks were unsuccessful. On the eve of trial, ISG conceded the validity and enforceability of two of iFLY's patents (U.S. Patents RE43,028 and 7,156,744) and agreed not to attack their validity in the future. As a direct result of the settlement, ISG terminated its Phoenix project, and agreed not to sell any vertical wind tunnel in the US through the duration of those patents - until September 22, 2024.

"Based on iFLY's necessary and legitimate enforcement of its patent rights to date, ISG and its principals are precluded from selling vertical wind tunnels of any kind for at least the next eight years in over 40 countries," said Kevin Fiur, iFLY's General Counsel. Fiur added, "Together with outside counsel, David Weaver of Baker Botts, LLP, iFLY will continue to build upon our existing portfolio and take a strong stand wherever we feel others are borrowing our technologies rather than creating on their own."

About iFLY Indoor Skydiving: Austin-based iFLY Holdings, LLC is the world leader in design, manufacturing, sales and operations of wind tunnel systems for indoor skydiving. Currently iFLY Holdings holds more than 32 issued and 31 pending patents that cover the US and 54 countries around the world. Under the brand names iFLY, SkyVenture, and Airkix (recently re-branded as iFLY), the Company has flown more than 7,000,000 people in a dozen countries since launching the modern vertical wind tunnel industry in 1998. iFLY has 55 facilities operating, with an additional 21 in various stages of construction. iFLY is continually searching for new locations in the USA and around the globe.


Skydiving Fatalities - Cease not to learn 'til thou cease to live

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cpoxon

Confused?

ISG say this,

Quote


ISG, German manufacturer of high performance freefall simulators for professional skydivers, military divisions and the entertainment industry achieved an important milestone at the European Patent Office. ISG manufactures freefall simulators in form of closed recirculating vertical wind tunnels. The wind tunnel technology was developed in cooperation with the Aerospace Department of the University Berlin (Technische Universität Berlin), Germany, and is internationally recognized for its energy efficiency, safety and design. The first reference facility of ISG opened in 2009 in Bottrop (www. indoor-skydiving.com). Since then, ISG has successfully sold and built many facilities worldwide.
In December 2014, iFLY sued ISG in Germany based on iFLY´s new European Patent No. EP 2 287 073 and claimed that ISG infringed the iFLY patent. On 19 September 2016, the European Patent Office decided that the Patent No. EP 2 287 073 is not valid and can only be upheld with significant restrictions. The newly restricted version cannot be infringed by ISG.
The decision of the European Patent Office on 19 September 2016 is in line with a number of prior decisions against iFLY’s repeated attempts to extend their original patents by applying for divisional applications/utility models. (see for example T1196/11).
“We are happy about the ruling by the European Patent Office”, says Boris Nebe, CEO of ISG. “And it shows once more that iFLY´s repeated attempts to unduly broaden their patents beyond the scope of the original application in order to catch our and our European competitor´s technologies are illicit and useless.



iFly say this,

***
AUSTIN, Texas, Sept. 22, 2016 /PRNewswire/ -- In oral proceedings, the European Patent Office has upheld iFLY's European patent 2287073 as modified. Indoor Skydiving Germany's (ISG's) latest attempt to invalidate iFLY's patents has failed. iFLY's patents covering the key technologies which make vertical wind tunnels safe, cost effective entertainment remain valid and enforceable in Europe, as they are in dozens of other countries around the world. The company confirms that it will continue to aggressively protect its industry-changing technology anywhere it is challenged.

The EU Opposition division rejected ISG's novelty arguments and found that iFLY's claims were inventive over the prior art. "This determination by the European Patent Office shows that iFLY's foundational patents are valid and can withstand significant challenges not only in the US but also in the EU," said Alan Metni, CEO of iFLY. "We are gratified that the European Patent Office confirmed that our innovations were both novel and inventive." Metni added, "We will continue to pursue complete protection over the full scope of our invention in every jurisdiction where we operate and will continue to add to our claims through the open applications we have pending around the world, including in Europe."

ISG's latest efforts to avoid iFLY's patents come on the heels of iFLY's recent decisive win in the US in which ISG agreed to terminate sales of all vertical wind tunnels in the United States during the duration of iFLY's patents. In 2014, iFLY initiated litigation against ISG for selling a wind tunnel for installation in Phoenix, Arizona. Throughout that litigation, ISG attacked the validity of the SkyVenture patents in both the District Court and the US Patent Office. Those attacks were unsuccessful. On the eve of trial, ISG conceded the validity and enforceability of two of iFLY's patents (U.S. Patents RE43,028 and 7,156,744) and agreed not to attack their validity in the future. As a direct result of the settlement, ISG terminated its Phoenix project, and agreed not to sell any vertical wind tunnel in the US through the duration of those patents - until September 22, 2024.

"Based on iFLY's necessary and legitimate enforcement of its patent rights to date, ISG and its principals are precluded from selling vertical wind tunnels of any kind for at least the next eight years in over 40 countries," said Kevin Fiur, iFLY's General Counsel. Fiur added, "Together with outside counsel, David Weaver of Baker Botts, LLP, iFLY will continue to build upon our existing portfolio and take a strong stand wherever we feel others are borrowing our technologies rather than creating on their own."

About iFLY Indoor Skydiving: Austin-based iFLY Holdings, LLC is the world leader in design, manufacturing, sales and operations of wind tunnel systems for indoor skydiving. Currently iFLY Holdings holds more than 32 issued and 31 pending patents that cover the US and 54 countries around the world. Under the brand names iFLY, SkyVenture, and Airkix (recently re-branded as iFLY), the Company has flown more than 7,000,000 people in a dozen countries since launching the modern vertical wind tunnel industry in 1998. iFLY has 55 facilities operating, with an additional 21 in various stages of construction. iFLY is continually searching for new locations in the USA and around the globe.



iFly lost. Their recent patent is an attempt to extend their original patent that is getting ready to expire. I doubt they will have much luck with that but patents are not about what they say. They are about the money behind them and the willingness to fight. It seems iFly is very willing to fight so that may work out for them. ISG seems willing to fight also though and in this case..... ISG won.
Life is all about ass....either you're kicking it, kissing it, working it off, or trying to get a piece of it.
Muff Brother #4382 Dudeist Skydiver #000
www.fundraiseadventure.com

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Fanello1775

My question is will this bring down tunnel prices in the States by breaking up their strangle hold?


Prices will come down when there's competition so, since ISG are contractually precluded from operating in the US including franchising, our best hope for the foreseeable future is Airborne San Diego: http://www.airbornesandiego.com/

They'll be getting the bulk of my tunnel dollars once they're open.

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As far as I know - they are aware of those patents and managed to find a workaround in their construction.
There are actually two more tunnel manufacturers in Russia and at least one of them, Tornado, ships its tunnels worldwide, including Europe. But those are not closed-circuit.

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KRBKV

There's another one player on this market, a group of russian engineers. Three tunnels are coming to Tokyo area. One of them is only a few months away from the launch.



Cool, so i just found out Munich is goinng from zero tunnels to 2 in a couple months. Neither of them seems to be an ISG Tunnnel though. Kind of odd.
If it does not cost anything you are the product.

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