Samson Manufacturing Files For Bankruptcy

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Not an April Fools joke as far as I can tell.

http://www.thefirearmblog.com/blog/2013/03/31/samson-manufacturing-files-bankruptcy/

Troy Industries Inc. of Massachusetts filed suit against Samson after both companies filed for a patent. Samson got there first and won in patent court.

However, Troy filed suit and won in a federal court in Boston.

After Samson moved operations to New Hampshire, the judgment was filed in Cheshire Court Superior Court last December in which a judge upheld the judgment for $933,000.

Not having the cash on hand, Samson requested to make payments over a period of time, but Troy filed a motion in Cheshire County Superior Court to seize the company’s property.

“This is very much just a result of an overaggressive competitor,” Tamposi said. “I don’t expect any long term ramifications from the filing.”

After the bankruptcy filing is complete, all of Samson’s creditors will be paid, but Troy, Tamposi said.

“Since the filing, we’ve received overwhelming support from our creditors,” Tamposi said.
 
Burning bridges is the fastest way to go tits up in any business.



When done correctly and "fair play business ethics" are implemented, competition and like product segments are positive for all involved.
 
Just also to let folks know - just because you patent an item does not mean you where the originator.
FN, Colt, Colt Canada, and KAC to note a few all have monolithic upper designs before LMT - yet LMT went and got a Patent -- probably not defensible in court due to prior art.
Many companies do not patent some items as it allows for the competition to see how they did it.
 
Just also to let folks know - just because you patent an item does not mean you where the originator.
FN, Colt, Colt Canada, and KAC to note a few all have monolithic upper designs before LMT - yet LMT went and got a Patent -- probably not defensible in court due to prior art.
Many companies do not patent some items as it allows for the competition to see how they did it.

Up until very recently the US used a first-to-invent system, not first-to-file.. so if a company really did invent something first, and could prove it, they could strike down a patent owned by another entity.
 
Up until very recently the US used a first-to-invent system, not first-to-file.. so if a company really did invent something first, and could prove it, they could strike down a patent owned by another entity.

That was changed to provide more incentive to file for a patent. If you don't file, you protect your trade secrets, but you risk someone patenting out from under you. If you patent, you disclose your secrets in exchange for 20 years of exclusive rights to the invention.

That said, prior art can still be cited to shoot down patents.
 
Just also to let folks know - just because you patent an item does not mean you where the originator.
FN, Colt, Colt Canada, and KAC to note a few all have monolithic upper designs before LMT - yet LMT went and got a Patent -- probably not defensible in court due to prior art.
Many companies do not patent some items as it allows for the competition to see how they did it.

Clearly the players you're talking about have the budget. However my usual advice for the smaller player is to take the money they might invest in a patent, and use it to get thier product to market in a big way. I'd rather tear into a huge chunk of the available market share, than stand on a soap box and watch my competitors selling my design...
 
From their site:

On March 25, 2013 Samson Manufacturing Corp. filed for relief under chapter 11 of the United States Bankruptcy Code. The filing was occasioned by a private dispute between Samson and one of its competitors, with whom Samson has been involved in lengthy litigation. Samson's business remains strong and the company continues to grow. We do not anticipate any delay in filling orders or slowing down of our production lines. Our customers will continue to receive the responsiveness and quality they have come to expect from Samson Manufacturing. Please bear with us while we deliver a quick and well-deserved smackdown.

Scott W Samson
President Samson Mfg Corp
 
I agree about the enforcement, but I have Non-compete and Non-disclosures in place with a few companies...

I don't know what business you are in, but if I had a custom machine shop and made gears, I'd never sign a non-compete if that meant I couldn't work in my existing field. I doubt a contract that strips me of my right to earn a living could be enforced.

I can see agreements to not divulge trade secrets or copy a certain pattern, but even that has limits.
 
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