David and Goliath, the High-Performance-Blender War

Vitamix is at it again. The multi-million-dollar Ohio high performance blender giant has made news last year, after having been found guilty by a Federal Court in Utah for patent infringement against the famous Blendtec Corporation.

Another Utah company, has been importing a very competitive 3 horsepower blender, the OMNI V blender. The OMNI blender is Vitamix-compatible, has a 7 years warranty, is every bit as good as Vitamix and can be purchased for about $250. Vitamix apparently finds itself threatened by the little 123Vita, LLC blender competitor. So it filed, according to Angelica Fox, allegedly a wrongful patent suit against 123Vita, Angelica Fox, and Thomas Fox in February.

Angelica Fox, the owner of 123Vita, stated on Sunday night that the Ohio Blender Giant may have interfered in her business with the attempt to monopolize the market illegally for them selves. Allegations have been made that Vitamix has wrongfully accused 123Vita and the Fox couple of trademark and patent infringement.

In question is the patent 5, 273, 358 (‘358) owned by Vita-Mix. On October 17, 2010, Vitamix wrote a letter to the Foxes wherein it confirmed approval of a design-around option to avoid infringement. Vitamix, according to Fox, has not done its due diligence and filed its lawsuit wrongfully and frivolous. “The blender that we sell is in full compliance to Vitamix’s ‘design-around-option”. Vitamix apparently just based its accusations on a third-party review, the previously sold REI blender that has been taken off the market in 2010.

The Foxes said they don’t have $70, 000 to $100, 000 to retain an attorney so they have to defend themselves pro-se. They are hoping for a just court and jury. In their reply to the court for the Vitamix’s allegations, the Foxes denied all allegations of the patent infringement and made a counter claim against Vitamix for wrongful suit and interference in business.

“This lawsuit is really about the American Free Enterprise way of life”, said Mr. Fox. “I came from Austria 20 years ago because the commerce department there required of me to ask my competition for permission before they would let me do business. Vitamix is apparently the same threat to our American Freedom as is Communism”.

Mrs. Fox, stated that Vitamix has already approached them to settle out of court, trying to coerce the Foxes into a wrongful consent judgment. Vitamix has never before won the same patent case in court against any other competitors, said the Foxes. Vitamix always got a consent judgment agreement out of their victims.

Small competitors usually can’t stand a chance against large corporations with deep pockets. Somebody has to stand up against them. “If we don’t, who will? Vitamix has already silenced and put-out-business other small competitors. The Omni 3 hp blender is the better bang for the buck, and it will prevail”, promises the small Utah company.

Submitted by 123Vita, LLC, Angelica Fox, and Thomas Fox. (March 7, 2011)
http://www.3blenders.com
(801) 623-3225 begin_of_the_skype_highlighting              (801) 623-3225      end_of_the_skype_highlighting
References:

Vitamix v 123Vita et al. Case No 1:11-cv-285

Vitamix v Royal Everest Case No 2:10-cv-00076-HCM-TEM