Surfgate patented

[Zach@n3]

I think the difference can be argued. NSS is in no way a "flap". Nss is a plate and is a completely different(and more refined) system than the surf gate "flap". In actuality the two systems work differently. The Nss plate modifies the running surface of the boat and the flap actually extends out from the side of the boat only which is in no way involved in the running surface. If they can teach a judge basic hull engineering they will probably win being that the systems are so different. Clearly they can argue that they were in the R and D stages prior to the release of the surf gate but it's always a race to market. But, I don't know a darn thing about going to trial soooo.

[Shockthis]

This what was qouted. They did cover wake divergence in the patent.

http://www.themalibucrew.com/forums/...cording-to-pr/
"I'm sure some of the claims were changed in the final granted patent but that one has pictures. Reading the description I think this looks like trouble for Nautique. Malibu was careful to cover the concept of a divergent wake device, and listed some possible iterations, but appears to have language covering multiple iterations that NSS would violate."

[Zach@n3]

I just don't think its going to hold water (no pun intended) because look at the amount of boats and manufacturers that have these type of devices already on their boats weather it be for wake modification or not. That's like Chrysler submitting patent paperwork for the use of a diesel engine in a medium duty truck. Or GE getting a patent to exclusively manufacture microwaves.. It isn't new technology they invented just old technology used in a slightly different application. If anything NSS is more like new tech with the use of a plate. No one uses a plate. Technically Tige could have patented TAPS and NCRS would have had to pay them for the use of it.

[jbkriss]

Wouldn't MC have a claim against Malibu since MC used the surf tabs first. Or maybe MC didn't try to patent it. Either way, everybody's system utilizes Lenco equipment that has been around for years and years. I guess I don't see it as a big deal.