I gotta say. For all the people saying "Fuck Evolv" . You people realize that without Evolv you would not have variable wattage or Temp Control Right?? The bottom line is that China does not care about American patents. They do not hold water in China. I really wish Evolv the best of luck on their lawsuit against Joytech. But I believe it will never happen.
In the end, Evolv will have to figure out how to make their boards cheaper and still keep them reliable. Otherwise, they will be pushed into a very small market by the cheaper China knockoffs.
I bought an RX200 and think it is a decent mod, but I also just purchased a DNA200 Reuleaux because of the better accuracy it has in Temp Control. Say what you will, but tests have proven that the DNA200 board is unmatched in accuracy by any other board on the market at this moment.
Happy Vaping,
CV
They are suing "Joytech USA" that resides in Orange County California.
Looks like they got them by the balls:
JURISDICTION AND VENUE
5.
This Court has subject matter jurisdiction over patent infringement
claims under 28 U.S.C. §§ 1331 and 1338(a) because these claims against
Defendants arise under Acts of Congress
relating to patents including, but not
limited to, 35 U.S.C. §§ 271(a)-(c),
281, 283-285, and 287(a).
6.
Venue is proper in this district under 28 U.S.C.
§§ 1391 and 1400(b).
Joyetech USA
7.
This Court has personal jurisdiction over Joyetech USA because it is
incorporated in California and conducted
business within California, conducts its
principal operations in Orange County, California, and commits acts of
infringement in violation of 35 U.S.C. §
271, by using, importing, offering to sell,
and selling electronic vaporizers to distributors and consumers, in this judicial district. Defendant Joyetech USA regularlydoes business, solicits business, and/or derives substantial revenue from products provided to retailers, all while Joyetech induces the infringing resale of knockoff products. Joyetech USA has purposefully established substantial, systematic, and continuous contacts in California and this judicial district, and expects, or should reasonably expect, to be haled into court here. Additionally, the economic harm from the wrongful acts described in this
Complaint were directed at and suffered by Evolv within this jurisdictional district.
8.
Joyetech USA has also indirectly infringed by offering to sell to third party U.S. manufacturers, within the United States, accused infringing circuit boards constituting a material part of the invention and lacking substantial non-infringing uses.
9.
Upon information and belief, Joyetech USA has also placed infringing
products containing said circuit boards into the stream of commerce throughout the
United States with the expectation that such products have been and will continue to be, offered for sale, sold, and used in this judicial district.
10.
Upon information and belief, Joyetech USA imports infringing
products into the United States from, and is the official distributor and online retailer for, Joyetech (Changzhou) Electronics Co., Ltd.,
which controls Joyetech
USA and other subsidiaries, affiliates, and related entities affiliated under the trade name, “Joyetech Group.”
11.
Upon information and belief, Joyetech USA also operates as the
distributor and retailer for Wismec Industry Co. Ltd. in the United States.
12.
Upon information and belief, the products that Joyetech USA imports,
offers to sell, sells and distributes in the United States are sold under trademarks including JOYETECH®, WISM
EC®, ELEAF®, and ISMOKA™