Sears Loses to the Bionic Wrench

[tjpavlov]

Not sure how many of you have been following this lawsuit, but it has been grinding out for about five years.

Loggerhead Tools finally won in court.

http://www.chicagobusiness.com/arti.../sears-ripped-off-local-tool-maker-jury-rules

 

[rlitman]

I have not been following it on a regular basis, but I saw what happened a few years ago. I'm glad to hear of this development. This seemed pretty clear to me.

 

[SweetD]

Win for the little guy - nice!

 

[visionguru]

Win for the little guy - nice!

I've seen the Bionic wrench for sale at various places for $14.99. It's a gimmick tool, practically useless. I wouldn't want it even it's free.

This probably the last chunk of big money they can get from the wrench, which was based on an old patent.

 

[Citation]

It will be interesting to see if this goes to appeal or if Sears goes under before any money is paid.

 

[Citation]

Win for the little guy - nice!

It's only a win for the little guy if the jury really made the right choice. There are a number of cases like this where the jury seems to decide on emotion vs facts and law. In those cases its not a win for the little guy so much as a loss for the role of law.

 

[M_George]

Fighting over a gimmick tool? What a waste of time and resources. Just goes to show the inept thinking that's sinking sears.

 

[Skin]

It's only a win for the little guy if the jury really made the right choice. There are a number of cases like this where the jury seems to decide on emotion vs facts and law. In those cases its not a win for the little guy so much as a loss for the role of law.

Seems to be what happened here. Sears had a pretty open and shut case in my opinion considering the patent that was dug up from the 1950s for essentially the same tool. Its pretty obvious that Milton ripped it off in the first place. Sears didn't do anything just about any other company on the planet wouldn't of.

 

[Weird Tolkienish Figure]

I've seen the Bionic wrench for sale at various places for $14.99. It's a gimmick tool, practically useless. I wouldn't want it even it's free.

This probably the last chunk of big money they can get from the wrench, which was based on an old patent.

I bought it (the non-Sears version).

Mostly out of sympathy for the tool maker, it's a neat idea fatally flawed by lack of lockability, and by the fact that you need engage it with the bolt parallel to whatever you're working on. Makes the tool fairly useless.

 

[Gmonkee]

As I recall the loss of contract for Loggerhead was directly related to some layoffs of a crew of <30 folks and that is what enraged the public.

And from what I read here Loggerhead dug up and refaced a gimmick then Sears had the Chinese do the same to Logger.

I did not state "useless gimmick" because dads still put swingsets up for little kids every spring. But clearly of limited use to pro wrenches and millwrights.

Now Loggerhead needs to make a better tool or reface another old patent of a more usable variety to move into a wider market. Maybe ratcheting open end wrenches or a multi use pliers for a trade.

Yea small business and innovation and all that stuff but it takes a valued service or product to thrive into the future. He has some real work ahead yet.

 

[Dr Stan]

I've looked at them, but passed as I have so many hand tools I can't imagine having a need for this wrench.

As an aside I noticed Bain Capital purchased Apex a little while ago. I also remember Sears loosing a lawsuit brought by an employee who invented the button socket release for their ratchets. Sears had seriously downplayed the value of the release.

Another point is a patent issued in the 50's would be long expired assuming Sears had not updated their ownership of the design.

 

[Dingleburry]

Goood! F*** sears for pulling that ****!

 

[visionguru]

Not so fast. Sears maybe able to overturn the ruling in the appeals court.

Based on the facts, Sears is obviously guilty of copying the idea of making the same tool based on an expired patent (which Loggerhead doesn't own), but it's not unlawful.

This jury seems to have reached the decision on emotion rather than the law.

 

[fourjeepin]

Sears will only pay their corporate attorneys as this will drag out until they win or go under. The latter will probably be within 18 months.

 

[gdocktor3]

Gimmicky or not, the tool and patent must be worth a considerable amount of money for a lawsuit between the two that lasted 5 years. Look at all the gimmicky **** sold on tv that makes people millions.

 

[-Brent-]

I've seen the Bionic wrench for sale at various places for $14.99. It's a gimmick tool, practically useless. I wouldn't want it even it's free.

This probably the last chunk of big money they can get from the wrench, which was based on an old patent.

Fighting over a gimmick tool? What a waste of time and resources.

I usually have the same train of thought but I think there's a lot of folks out there that buy the one-size-fits-all type tools.

The first thing I thought when skimming the linked article was, this tool would've never been invented if he gave his son the right tool when seeing him struggle with pliers on the lawn mower.

It's this common sense way thinking that prevents me from being a millionaire.

 

[jakemac]

I'm surprised this got this far in only 5yrs.

Sear's has done this before and if I remember right, the lawsuit over the ratchet design took decades to get to conclusion. By that time the plaintive was dead and his estate was continuing the fight.

 

[jakemac]

I've seen the Bionic wrench for sale at various places for $14.99. It's a gimmick tool, practically useless. I wouldn't want it even it's free.

This probably the last chunk of big money they can get from the wrench, which was based on an old patent.

Those were likely Apex versions sourced out to other outlets under various labels. This would have been covered by naming Apex in the injunction.

 

[anndel]

I bought the Bionic Loggerhead wrenches for my son to tighten his bicycle and the neighborhood kids as well. That's all it's good for as their bikes don't use quick release yet.

 

[Richard Cranium]

Good for the little guy, I am a sears fan, but I really hate it when they try to screw some one.

 

[woody 73]

Most of you know by now that I try and always give links and I have in the past given links to the bionic wrench.

An older story of mine that you might enjoy:

http://www.garagejournal.com/forum/showthread.php?t=352603

I will say it again Yes some tools might be junk but...I always give credit to anyone that at least tries to invent something.

I hope you enjoy a few of my stories.

 

[PugetDude]

Chicago jury.
'nuff said.

 

[EOC_Jason]

I can't see how it was patent infringement based on seeing the 50's patent and obviously both were based on that...

However, the way sears treated Loggerhead in forcing exclusivity then quietly and suddenly dropping them because they had made their own product cheaper in China was just bad business, but that's the dance you play when you make a deal with corporate giants.

I would not waste my money buying either product...

 

[Gmonkee]

Everything old is new again.

The grip type open ends are loosely based on the 'gator wrench of a century ago. Teeth in the open end.

The ratcheting open end goes back to the same roots.

Only the one movable jaw adjustable and open end wrench have resisted radical design changes in the last century. We still use the daily.

Everything old is new again, just change the brand, material and intention a little bit.

And we silly humans are not done yet.

 

[Keelhauled]

You'd think that if Sears was going to copy a design, it would at least be for a useful tool. My Bionic Wrench has never turned a bolt in its life, and is presently being used as a paperweight. It remains to this day the only completely useless tool I have ever bought.

 

[Weird Tolkienish Figure]

IMO a locking bionic wrench, with the handle angled away from the head so you dont' scrape the skin off your knuckles using it, might be useful. But not any more useful than a crescent wrench.

 

[gregdd]

My mother in law bought me a Bionic wrench for Christmas a few years ago. Haven't used it yet. Probably going to give it so someone else as a gag gift.

 

[zendriver]

Hopefully, he will get his dough, before they go belly-up.


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[Tim37]

Sears will be bankrupt before anyone sees a dime.

 

[Empty Pockets]

Sears losing couldn't have happened to a more deserving bunch. Sadly, the appeals will probably last until Sears is in bankruptcy, and has been liquidated

 

[kythri]

Loggerhead shouldn't have been granted a patent in the first place, considering the expired patent that Sears claims their design was based on.

Don't get me wrong - it's obvious that the only reason Sears made their own version was due to the success of Loggerhead's product, but, again - Loggerhead shouldn't have patent protection. They didn't invent anything, new or unique.

 

[kythri]

Good to hear.

 

[ARFLY]

Looks like it will go through more appeals. I have seen the Bionic wrench and the Craftsman version for sale in Sears stores. That seems strange given the nature of the lawsuit and that they are essentially the same product. I bought the Craftsman version. I think they have 2 sizes and I bought both. Like it was said earlier it is ok for adjusting kids bikes but pretty much useless otherwise. I will say this though, these tools are kind of a fidget type of thing. Playing with these wrenches is kind of like playing with a kaleidoscope; calming, mesmerizing, and somewhat satisfying.

 

[Gmonkee]

Win or lose is the swingset assembing industry is ready for more bubonic wrenches...

Loggerhead needs a better idea and Sears, well.... who knows.

Not a peep from one on any new innovations at all and the other is doing what they do best lately. Selling real estate to Eddy.

 

[xin]

It looks like Sears and Apex won the appeal.
http://www.chicagotribune.com/business/ct-biz-sears-bionic-wrench-patent-lawsuit-20180724-story.html

Sears is not going to pay anything and they would file bankruptcy and even if they reversed it they can drag it out for years.

 

[6PTsocket]

Sears is going to have to file bankruptcy soon All of Eddies schemes are like rearranging the deck chairs in the Titanic. Eddies real estate business makes money leasing the space from closed Sears locations for more money than Sears paid. He seems to make out no matter what happens. It can't go on forever. They are bleeding money. The only assets are Sears home improvement, Sears parts direct, real estate and Kenmore.

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[WWheeler]

They are not even close to the same thing. Though no doubt the Craftsman version was inspired by the Bionic Wrench, the differences are not small.

Apex tools does this with almost every product they make, a very close copy of the competition, as does Harbor Freight, etc. I never could see how they could give Loggerhead a win in this case.

 

[finn]

Sears is going to have to file bankruptcy soon All of Eddies schemes are like rearranging the deck chairs in the Titanic. Eddies real estate business makes money leasing the space from closed Sears locations for more money than Sears paid. He seems to make out no matter what happens. It can't go on forever. They are bleeding money. The only assets are Sears home improvement, Sears parts direct, real estate and Kenmore.

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WTF?

What’s Eddie got to do with the outcome of a patent infringement case?

 

[zendriver]

They are not even close to the same thing. Though no doubt the Craftsman version was inspired by the Bionic Wrench, the differences are not small.

Apex tools does this with almost every product they make, a very close copy of the competition, as does Harbor Freight, etc. I never could see how they could give Loggerhead a win in this case.

Lol, this is exactly why nobody gives a **** about inventing anything anymore.

Someone else with more lawyers, will come along and steal your idea.

The concept and the operational functionality, is exactly the same. The competitors just adjusted things around to make it look "different"




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[WWheeler]

Lol, this is exactly why nobody gives a **** about inventing anything anymore.

Someone else with more lawyers, will come along and steal your idea.

The concept is exactly the same. The competitors just adjusted things around to make it look "different"

lol, I just can't be sympathetic to the inventor of perhaps the biggest piece of junk gimmick tool no matter where it was made or who it was made by. The Bionic Wrench is the 'king' of tools marketed towards people who know nothing about tools in hope that they will buy it to give to someone else for christmas or father's day after which it gets thrown in a drawer to rot from justifiable lack of use.

Edit: Now, if we were talking about an invention that was actually useful then I might could get a tear in my beer. Like the poor kid who invented the quick release ratchet that Sears deliberately lied to/tricked back in 1964 into signing away his patent rights for $10,000. Craftsman became the only ratchet that had a quick release for decades afterward, which really helped solidify the brand with the American do-it-yourselfer. Sears made tens-of-millions upon tens-of-millions off of that swindle and it took that kid 20 yrs to finally see a fraction of what that invention was worth from them.

But if the Bionic Wrench is the invention you have any significant portion of your company's future riding on its success or failure, you're in the wrong line of work.