#Mistral windglider manual free#
Specifically a pair of curved booms are arcuately connected athwart the mast and secure the sail therebetween, the position of the mast and sail being controllable by the user but being substantially free from pivotal restraint in the absence of such control. The field of art that includes the claimed invention is stated in the patent to be "the field of ships, particularly sailboats and iceboats, and the field of land vehicle sail attachments." The patent claims a ind-propelled apparatus in which a mast is universally mounted on a craft and supports a boom and sail. § 103 (1982).įor the reasons set forth below we conclude that the patent-in-suit is valid that each of the claims in the patent has been infringed by the defendants that WSI has misused the patent and that the term "windsurfer" is a "common descriptive name." BIC and AMF both assert that the patent is invalid because the claimed invention was obvious under 35 U.S.C. 3774, brought by BIC against WSI, BIC seeks a declaration that the patent is invalid, unenforceable and not infringed. In addition, AMF requests the cancellation of WSI's "WINDSURFER" and related trademarks on the grounds that they have become generic. 1691) AMF seeks a declaratory judgment that the '167 patent is invalid, unenforceable on the grounds of misuse and not infringed. ("Downwind") are manufacturing and selling sailboards which infringe on the '167 patent. ("BIC"), AMF Incorporated ("AMF") and Downwind, Inc. 254) WSI asserts that BIC Leisure Products, Inc. All of the cases *936 were tried to the bench in a single trial. This litigation involves three consolidated actions relating to the validity, infringement and enforceability of United States Reissue Patent No.
The patented sailboard is the focus of this dispute. In 1973 WSI purchased Drake's rights in the patent. ("WSI"), of which he is the Chairman of the Board of Directors. In 1969 Schweitzer assigned his patent rights to Windsurfing International, Inc. In March of 1968 Drake and Schweitzer, as co-inventors, filed an application for a United States patent which originally issued in January, 1970. By summer of that year the co-inventors were ready to "launch" their first "sailboard." The craft featured a Bermuda sail with a curved boom on each side of the sail (i.e., a "wishbone" boom) joined by a universal joint to a modified surfboard hull. The requisite materials were collected in Drake's garage where a makeshift workshop was set up for production. Razzano, New York City, of counsel.Īt a social gathering in early 1967 two friends James Drake and Hoyle Schweitzer, then living in California, began discussing the idea of combining the sports of sailing and surfing to create a type of sailing surfboard. Reddy, Jr., New York City, of counsel.Ĭurtis, Morris & Safford, New York City, for Freeboard Sailing, Inc. Pennie & Edmonds, New York City, for BIC Leisure Products, Inc.
Golden, Jr., Rogers Hoge & Hills, New York City, of counsel. Willian Brinks Olds Hofer Gilson & Lione, Indianapolis, Ind., for AMF Inc., David H. Foster, New York City, Spensely Horn Jubas & Lubitz, W. Francescani, Darby & Darby, New York City, of counsel.ĭavis, Hoxie, Faithfull & Hapgood, New York City, for James R. *934 *935 Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst, Los Angeles, Cal., for Windsurfing Intern., Inc. WINDSURFING INTERNATIONAL, INC., Cross-Defendant. WINDSURFING INTERNATIONAL, INC., DefendantīIC LEISURE PRODUCTS, INC., and Windglider Fred Ostermann, GMBH, Plaintiffs, WINDSURFING INTERNATIONAL, INC., Plaintiff,
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