Found a copy of Malibu's suit on the NSS system

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  • archcityblues
    • Aug 2013
    • 142

    • canada


    Found a copy of Malibu's suit on the NSS system

    http://www.scribd.com/doc/181356257/...at-Company-pdf

    With my legal background, I would only assume a counter is in progress from the Nautique side.
  • scottb7
    1,000 Post Club Member
    • Aug 2011
    • 2198

    • Carson City, Nevada

    • 2014 G21 (Current) 2008 SANTE 210

    #2
    http://www.google.com/patents/US8539897

    http://www.google.com/patents/US8534214

    Comment

    • JamesHawk101
      • Dec 2012
      • 224

      • Indian Rocks Beach

      • 2015 G23 Coastal

      #3
      This is all crap. Malibu needs to think about improving the sport not getting money from Nautique or whatever.
      2015 G23 Coastal Edition 450 NSS
      2013 G23 Coastal Edition 450 NSS

      Comment

      • shag
        1,000 Post Club Member
        • Jul 2003
        • 2217

        • Florida


        #4
        Whatever happened to all the other companies that took the 'wakeboard tower' design.... I thought Correct Craft patented that..

        Comment

        • scottb7
          1,000 Post Club Member
          • Aug 2011
          • 2198

          • Carson City, Nevada

          • 2014 G21 (Current) 2008 SANTE 210

          #5
          I am pretty sure Nautique is up for the challenge. No worries.

          Comment

          • gride
            1,000 Post Club Member
            • Jun 2007
            • 1441

            • War Eagle

            • 05' 210 team

            #6
            all those other companies paid nautique.

            Comment

            • AirTool
              1,000 Post Club Member
              • Sep 2007
              • 4049

              • Katy, Texas


              #7
              Originally posted by gride View Post
              all those other companies paid nautique.
              Generally correct. I priced a new _________ ( too ashamed to say it ) and the tower license fee was included on the build sheet / window sticker.
              Last edited by AirTool; 11-06-2013, 07:06 PM.

              Comment

              • axeman
                Senior Member of PLANETNAUTIQUE
                • Apr 2012
                • 387

                • Dallas, TX

                • 2016 Super Air Nautique 230

                #8
                I'm not a lawyer but the 897 patent consistently references "positioning the flap relative to a longitudinal axis" which if I'm not mistaken the NSS does not infringe on since it's relative to the vertical axis. Thoughts? Wonder how this will all turn out.
                2016 Super Air Nautique 230 (sold)
                2014 Super Air Nautique 230 (sold)
                2012 Super Air Nautique 230 (sold)
                2008 Super Air Nautique 220 (sold)

                Comment

                • AirTool
                  1,000 Post Club Member
                  • Sep 2007
                  • 4049

                  • Katy, Texas


                  #9
                  Originally posted by axeman View Post
                  I'm not a lawyer but the 897 patent consistently references "positioning the flap relative to a longitudinal axis" which if I'm not mistaken the NSS does not infringe on since it's relative to the vertical axis. Thoughts? Wonder how this will all turn out.
                  Over specifying can provide dangerous cracks.

                  I saw a case one time where a part was made from plastic and there was a note about the benefits from it being plastic and the part could not be made from metal. A competitor made it from metal and got away with it.

                  Comment

                  • jbkriss
                    • Mar 2012
                    • 8

                    • Ft. Lauderdale

                    • 2001 SAN 210 2004 SAN 211 1985 Barefoot Nautique (454)

                    #10
                    IMO, they all use the same technology that's been around for years- trim tabs (Lenco)... though NSS doesn't use a traditional Lenco tab, the big 3 all use Lenco actuators. MC was the first one to market with a surf specific system, all Malibu did was flip it on its side. IDK, just seems like a claim against Malibu by MC would have more merit than Malibu's claim against CC.

                    Comment

                    • Zach@n3
                      Senior Member of PLANETNAUTIQUE
                      • Sep 2012
                      • 736

                      • Indianapolis Indiana

                      • 1986 2001 ski nautique 68 correct craft skylark

                      #11
                      I think they can make it fly. The piece in the NSS system is by no means a flap by my understand of the definition. A flap moves in an up and down radius style motion on a common hinge (like a bird wing or a surf tab). The Nss plate is just that, an extendable plate. No hinges it just runs in and out on a track. I think if the two systems show up side by side in court any competent judge and jury would laugh at Malibu for accusations that the systems operate on the same premise. They do not. That would be like patenting a 4 stroke piston engine vs a Mazda rotory engine. They do the same thing but in different ways.
                      [EMAIL="Zach@n3boatworks.com"]Zach@n3boatworks.com[/EMAIL]

                      Comment

                      • AirTool
                        1,000 Post Club Member
                        • Sep 2007
                        • 4049

                        • Katy, Texas


                        #12
                        Originally posted by Zach@n3 View Post
                        .....That would be like patenting a 4 stroke piston engine vs a Mazda rotory engine. They do the same thing but in different ways.
                        Similar lawsuits are perhaps the reason we've ended up with both tacos and chalupas.

                        In the end, they both come out the same.

                        Comment

                        • scottb7
                          1,000 Post Club Member
                          • Aug 2011
                          • 2198

                          • Carson City, Nevada

                          • 2014 G21 (Current) 2008 SANTE 210

                          #13
                          Volvo could sue then? It would seem that NSS is same idea as the QL tabs just formed to hull. But how do we know what is going on behind the scenes? Maybe Nautique is paying a per click fee to Volvo.

                          http://www.youtube.com/watch?v=0glfycRhizU
                          Attached Files
                          Last edited by scottb7; 11-07-2013, 01:04 PM.

                          Comment

                          • Zach@n3
                            Senior Member of PLANETNAUTIQUE
                            • Sep 2012
                            • 736

                            • Indianapolis Indiana

                            • 1986 2001 ski nautique 68 correct craft skylark

                            #14
                            See, Mailbu stated somewhere in the documents that a flap used for modification of a surf wake. So the Volvo vs Nautique wouldn't matter because they don't use the pieces to get the same result(unless they stated it). If Malibu didn't specify for modification of surf wake they would have been filing a suit against everyone who has ever made a hinged trim tab. Don't remember the exact wording.
                            [EMAIL="Zach@n3boatworks.com"]Zach@n3boatworks.com[/EMAIL]

                            Comment

                            • iamcdn
                              • Mar 2013
                              • 337

                              • Penticton, Canada

                              • 2013 SANTE 210 with NSS

                              #15
                              Countersuit
                              http://www.scribd.com/doc/181672342/...libu-Boats-pdf

                              Comment

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