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-   -   Malibu sues Nautique (SG NSS) (http://www.wakeworld.com/forum/showthread.php?t=800427)

surffresh 11-08-2013 1:29 PM

Malibu sues Nautique (SG NSS)
 
I just saw on Facebook where a site wakeorigin.com (strange site) released the suite against Nautique, I'm sure someone can put the doc on here. Interesting….as the prop turns

MCObray 11-08-2013 3:21 PM

Here you go:
http://www.scribd.com/doc/181356257/...at-Company-pdf
Countersuit by Nautique:
http://www.scribd.com/doc/181672342/...libu-Boats-pdf

mastercraf 11-08-2013 3:31 PM

This is very interesting....

tommyg 11-08-2013 3:57 PM

I'm not very familiar with lawsuits, but "prayer for relief" and "malibu respectfully prays for" are very odd to see in a lawsuit.

tommyg 11-08-2013 4:03 PM

oh, and enjoy the extra $$$ for every Nautique and Malibu due to these lawsuits (from a Malibu owner, last boat Nautique). Call it a litigation tax, and add it to the litigation tax for folks that allow their kids to teak surf w/o life vests and have no idea about exhausts and co2

MIKEnNC 11-08-2013 6:11 PM

Malibu doesn't stand a chance. I am unbiased in I like both brands, just sold a nautique and prob a soon to b Malibu owner. Both are great innovations and both r different enough not to infringe on each others design. They r very different actually. And even though I prob will buy a Malibu nss is way better than surfgate in my opinion and at least from what I've seen.

nitrousbird 11-09-2013 4:32 AM

Quote:

Originally Posted by MCObray (Post 1852349)

Nautique's counter suit is nothing more than wanting the trial to be in Florida instead of Tennessee. They also request to not be able to be sued again for this and attorney fees Funny things I saw in that suit:
- Said Malibu's main place of business was Merced, California. Malibu still has a plant there that make the G3 tower and some other pieces, but the main business is in Tennessee

- Suit talks about all the places Malibu does business transactions, including Florida, which is why the trial should be in Florida (where Nautique resides, according to this document). Yet Nautique does the same thing Malibu does and sells boats in Tennessee, though they claim they don't have a regular place of business there.

JetRanger 11-09-2013 6:45 AM

If anyone should be suing Nautique it's Volvo.

I think Malibu is trying to sue Nautique out of the Big Three. Nature abhors a vacuum though, could this be MB's chance to sneak in?

shawndoggy 11-09-2013 7:04 AM

Quote:

Originally Posted by JetRanger (Post 1852407)
If anyone should be suing Nautique it's Volvo.

That's been said 1000x. Is there any evidence that ANYONE has successfully implemented a volvo penta trim tab as a surf enhancing device? There've been a hundred diy threads since surfgate, and I've never seen a single implementation using the volvo penta device.

Prestoooooo 11-09-2013 7:15 AM

The Malibu patent goes a lot deeper than just the mechanical aspect of how the surf system works. It covers aspects of the surf system all the way down to the actual concept of delayed convergence of the wake. They actually have a pretty good chance of winning.

cwb4me 11-09-2013 7:19 AM

What took them so long to bring suit?

JetRanger 11-09-2013 7:59 AM

Quote:

Originally Posted by Prestoooooo (Post 1852409)
The Malibu patent goes a lot deeper than just the mechanical aspect of how the surf system works. It covers aspects of the surf system all the way down to the actual concept of delayed convergence of the wake. They actually have a pretty good chance of winning.

Can you patent use of a theory in delayed convergence as a surf tool? If that's the case, and Malibu wins, the precedent has been set, and if Mastercraft used the word "delayed convergence" in their surf tabs patent filings a few years back, then Bu will shovelling over some bacon.

john211 11-09-2013 9:16 AM

"Can you patent use of a theory in delayed convergence as a surf tool?"

Yes, but it might be more accurate to say that, the theory can be used in a method claim and that claim would readily qualify as acceptable subject matter. The question would next move to, does the claim define a sufficiently original method to be patentable. I have used a mathematical equation (the Taylor series, or, binomial expansion) in a method claim for the purpose of filtering noise out of an electric signal. So, yes.

A full blown patent lawsuit in federal court can cost the patent owner $2 million. The alleged infringer usually files a parallel attack against the validity of the patent in the US Patent & Trademark Office. Those proceedings typically cost a fraction of the federal trial, but those proceedings just further drive up the costs. Consequently, patent suits frequently settle early, after discovery and/or after decisions on pre-trial motions (even the decisions do not dispose of the whole case). In other words, the parties tend to settle soon after matters have progressed to where the parties can better evaluate the relative strengths or weaknesses of their positions.

Malibu has retained a high-dollar law firm. Wow. Malibu is going to pay. Chattwake, you're awfully silent, and this in your yard. Are you local council?

RideGull 11-24-2013 4:25 PM

Worst case scenario for nautique; Malibu wins and nautique pays royalties to keep nss. The same way everyone pays nautique royalties for the tower invention and patent

boardman74 11-24-2013 6:12 PM

Are they going to sue Supra next?

cwb4me 11-24-2013 6:35 PM

I doubt it. Supra just modified and existing fixture on a boat that wasn't patented.

JetRanger 11-24-2013 7:44 PM

You know who will never sue or be sued? Tige, they've never copied anything of value nor have they created anything of value. They are last to the table with a surf system if they ever do develop one. Oh wait, mesh seats, patent pending...

ralph 11-24-2013 7:51 PM

Quote:

Originally Posted by ButtRanger (Post 1853931)
You know who will never sue or be sued? Tige, they've never copied anything of value nor have they created anything of value. They are last to the table with a surf system if they ever do develop one. Oh wait, mesh seats, patent pending...

Don't forget about convex v!

tampawake 11-25-2013 6:32 AM

Quote:

Originally Posted by JetRanger (Post 1853931)
You know who will never sue or be sued? Tige, they've never copied anything of value nor have they created anything of value. They are last to the table with a surf system if they ever do develop one. Oh wait, mesh seats, patent pending...

I have to say that air chair was freaking comfortable though better than any seat my ass has had to sweat in. Malibu should take them to court how many years has everyone that wanted to put a 4 point tower on their boats have to pay CC.

fic 11-26-2013 4:11 AM

I think the lawers should check and see if the Indians were first with a canue because I believe that is the possible first design of a convergence hull , but that opens a whole bunch of possiblitys , Viking ships, Roman galeons , its endless who was first??????????

11-26-2013 12:06 PM

If anyone should be getting sued it's Tige. For infringing on Bayliners cheap, poorly constructed turd of a boat theory. Bayliner practiced this in the 80's and now Tige has successfully copied this in order to get every dumb ass who has a few extra bucks into a boat. Rumor has it that soon they'll be putting Chrysler engines in them.

whatshesaid 11-26-2013 12:16 PM

Some people should grow up, or shut the hell up.

11-26-2013 2:20 PM

^^^^game changer!^^^

redsupralaunch 11-26-2013 3:00 PM

actually the Chrysler 440 I used to have in my old DD was bad-ass. So don't DIS Chrysler. It had solid state ignition years before the Chevy Big Block and did not have a quadajunk carb.

saceone 11-27-2013 4:03 AM

Good Ol USA.

Or 'merica

But then again, Canada could sue the US for calling itself America. Maybe Mexico could join the fun too. Let's get some folks from the south, South America that is to chip in!
Don't mean to start a war (we don't have that much oil) but your legal system is completely insane. Sue this sue that!

MIKEnNC 11-27-2013 5:15 AM

Agreed

Fixable 11-27-2013 7:25 AM

Quote:

Originally Posted by Prestoooooo (Post 1852409)
The Malibu patent goes a lot deeper than just the mechanical aspect of how the surf system works. It covers aspects of the surf system all the way down to the actual concept of delayed convergence of the wake. They actually have a pretty good chance of winning.

"Delayed Convergence"........ That is not a new concept via Malibu. That is exactly what leaning the boat is doing.

Listing the boat, to one side, or the other, causes "Delayed Convergence". That is exactly what makes a surf wave in the first place.

Does this mean that Malibu should sue other manufacturers for having systems that lean the boat, and cause a delayed convergence??


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