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Old 10-11-2011, 04:34 PM   #8 (permalink)
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Join Date: Aug 2006
Location: Southern Maine

At the trial, the Judge (Garr M King) had asked Smart Parts why Dr Hensel was not on the patent they applied for-

Smart Parts did not send data or other information to Dr. Hensel. [*12] Named inventor Adam Gardner barely knew Dr. Hensel, and may have met him only once. Billy Gardner testified that he had very little contact with Dr. Hensel. He further testified that he would have to defer to Gaston and Smith in terms of how Dr. Hensel fit into the Pneu Ventures operation.
None of the named inventors had backgrounds in engineering or electronics while Dr. Hensel kept a scientific notebook to carefully document his ideas, work and effort from April 14, 1995, through March 16, 1997
Although he was a shareholder of Pneu Ventures, Dr. Hensel was not separately compensated for his work on the design and the development of an electropneumatic paintball gun. In addition to being a shareholder, at one point, Dr. Hensel served as [*13] board member and an officer of Pneu ventures, and signed several documents relating to third parties as the Vice President of Pneu Ventures.
During the summer of 2003, Dr. Hensel was contacted by WDP's counsel as well as an attorney in another case involving Smart Parts. Dr. Hensel states that he became convinced in the fall of 2003 that he should have been named as an inventor on the '326 patent.... in November 2003, whereby Dr. Hensel assigned his rights in the '326 patent and other patents to WDP in exchange for a $ 50, 000
At the end of the trial, Smart Parts was still claiming they were "sole inventors" of the paintgun, claiming Dr Hensel was just doing what they told him to do. The judge pointed out:

As with the lack of any documentation of the Gardners' work, Billy and Adam Gardner's testimony regarding their own contributions does not suggest the work of inventors. Billy Gardner could offer very little assistance in determining what he or his brother contributed to the '326 patent. As demonstrated from the lengthy deposition excerpt quoted above, Billy could [*23] not remember any details of the conversation between he and his brother wherein the two purportedly conceived of what is claimed in the patent. The evidence also strongly suggests that neither Billy nor Adam could have invented what is claimed.
So Dr Hensel got his $50,000, his named added to the patent, and given royalty rights by WDP. Not rich, but he probobly deserves some credit, considering all the crap Smart Parts put him, AND US through.

"the evidence strongly suggests that neither Billy nor Adam (Smart Parts) could have invented the electronic paintgun" -Garr M. King, U.S. Judge
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