Last week, SawStop Holding LLC, a subsidiary of Germany-based TTS Tooltechnic Systems, filed a patent-infringement lawsuit against yet another manufacturer of table saws in U.S. federal court.  SawStop continues to litigate vigorously the reach of its extensive portfolio of patents, this time against Felder KG.  This is notable because Consumer Product Safety Commission staff identified Felder’s safety technology as a potential competitor to SawStop’s.  The latest case provides clarity about SawStop’s true intentions and calls into question the testimony it has provided so far to the Commission. 

In February, SawStop CEO Matt Howard offered to “dedicate to the public” one of more than 100 patents his company owns, but only after CPSC mandates its safety technology on table saws.  When asked at a Commission hearing about licensing its many other related patents on fair and reasonable terms, he claimed ignorance of any that could hinder other companies from developing this type of technology.  “We are not a gatekeeper,” he said.  Questioned about the company’s litigious history, and given another chance to commit to licensing, he dismissed the issue, saying, “the topic is moot.” 

Last week’s lawsuit clarifies SawStop’s position: it is very much a gatekeeper, and the topic is far from moot.  The suit involves three of the other patents we were told not to worry about.  It suggests the company intends to continue its hard line against competitors, and thus costs to consumers from any rule mandating the technology will be substantially more than the Commission was previously led to believe.  We support protecting intellectual property rights, but the evidence in the record raises serious concerns about SawStop’s monopolistic intentions and its exploitation of CPSC’s rulemaking process to further such aims.