Mentor is the owner of U.S. Patent No. 5,822,866 entitled "Safety Lock for Automatic Knife" issued October 20, 1998 (the "866 patent")
On his website AssistedKnife.com demonstrates how to convert the Boker Magnum knife and the Boker Kalashnikov knives to automatic knives
Roadsideimports aslo sells various models of the Boker Magnum and the Boker Kalashnikov knives with conversion kits so that a customer may convert these knives to automatic knives according to Roadsideimports’ conversion demonstrations.
In the course of the conversion demonstrations, Roadsideimports makes automatic knives out of the Boker Magnum and the Boker Kalashnikov knives.
Wen converted to automatic knives, the Boker Magnum and Kalashnikov knives infringe the "866 patent"
Roadsideimports’ conversion demonstrations infringes the "866 patent"
Roadsideimports’ advertising and sale of conversion kits and/or his demonstrations of how to perform the conversion induces others to infringe the "866 patent."
Roadsideimports’ also sells a conversion kit for the Boker Speedlock 3000 so that a customer may convert the Boker Speedlock 3000 into an automatic knife.
When converted into an automatic knife, the Boker Speedlock 3000 infringes the "866 patent"
Upon information and belief, Roadsideimports has infringed the "866 patent by converting the Boker Speedlock 3000 into an automatic knife.
Roadsideimports knew or should have known that this offer to sell and sale of conversion kits for the Boker Magnum, Boker Kalashnikov, and Boker Speedlock 3000 would result to direct infringement of the "866 patent."
Roadsideimports has known of the "866 patent and plaintiff’s contention that he infringes the "866 patent and/or induced the infringement of the "866 patent" since at least as early as September 24, 2008, but has continued to sell conversion kits and demonstrate how to perform the conversions.
Roadsideimports’ actions described above have been in deliberate, willful, malicious, and reckless disregard of the rights of the Mentor and Benchmade.
----------------------------------------------------------------------------------------------------
Watch the Video Explanation & Response to the Allegations.
----------------------------------------------------------------------------------------------------
The 866 Patent was filed Jan 17th, 1997 and issued Oct 20th, 1998. This Patent should have expired by now to say the least because typical patents are for 7 years. The 866 Patent is narrow in its scope and should be revoked on these grounds that it is simply generic. The locking device is a functional attribute and should not have a patent on such things. If the Spyderco Hole was deemed by some as a functional attribute and their patent was only for 7 years and has expired then clearly the 866 Patent is nothing more than a violation of the Trademark system and needs to be repealed.
It is true that AlMar Knives used to have Randall King make their automatics but that ceased when Benchmade sued both parties and AlMar agreed to have Benchmade make their automatic knives and pay royalties to Benchmade
Randall King was also sued by Benchmade on the 866 Patent and reached an agreement after loosing thousands to Benchmade in litigation and finally a non disclosure was reached with a confidentiality clause that Randall King is not allowed to speak about.
Blackhawk Knives, Masters of Defense, MOD was also sued on the 866 Patent and they are not allowed to speak of this matter and now have to pay royalties to Benchmade.
The Patent is absolutely insane and needs to be revoked. The solution on the BOKER, Smith & Wesson, Schrade until this matter is settled for good is that all knife sellers in the United States that sell automatic models that have a locking device need to take out the plastic locking device. The knife does not break the patent when the knife does not have the lock installed. So to avoid possible litigation remove the plastic lock and tell the customer to mail it back to Benchmade because they are not allowed to use it. Anyone else on the planet that is not in the United States is allowed to install the locking device.
CASE UPDATE - April 6th 2009
All charges on 866 Patent now includes all Smith & Wesson, Schrade, and any other knife with a locking device that is Automatic. The patent is from 1997 and functionality should force this patent to be expired.
CASE UPDATE - June 1st 2009
All BOKER Magnum and Kalashnikovs will now no longer have any locking device from BOKER. BOKER has decided to pull all the top locks and stop producing the knife with the lock to put an end to the childish behavior of Benchmade.
