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SCUTTLEBUTT No. 666 - October 12, 2000SOBSTAD / NORTH SAILS(Following is an excerpt from a press release currently posted on the UK Sailmakers website.) Sobstad Corporation is pleased to announce that on September 27, 2000 the United States District Court in Hartford, Connecticut entered final judgment in Sobstad's long-running patent litigation with North Sails and its owners: Windway Capital Corporation, Thomas A. Whidden, Jay Hansen, and Terry Kohler over their unlawful use of Sobstad's pioneer patented structural sail technology. The judgment is in the amount of $5,427.836, representing a 7% royalty for Sobstad on all 3DL sails since the defendants' literally infringing 3DL sail appeared in the marketplace in 1992, and prior to April 1, 2000, along with the prejudgment interest at the prime rate through September 20, 2000. The 7% royalty rate was the highest the Court could have selected from among the royalty agreements introduced at trial. In addition, the Court entered a final injunction enjoining North Sails and its owners from making, using or selling the 3DL sail. This injunction remains stayed pending the outcome of the appeal of North Sails and its owners of the judgment. The appeal will be heard by the Court of Appeals for the Federal Circuit in Washington, D.C., and should be concluded within about one year. As a condition for allowing North Sails to continue to make, use and sell the 3DL sail during the appeal period, the Court has required that North Sails and Windway Capital Corporation post a letter of credit equal to its free cash flow earning (in accounting jargon, "EBITDA") attributable to sales of 3DL sails during the appeal period. If Sobstad prevails on appeal, then Sobstad will be allowed to collect this amount out of the letter of credit. While Sobstad does not have the exact information on the additional amount that could be due under the letter of credit, it is fair to infer from the testimony of the Court's independent accountant in open court on September 27 that the additional amount will be in excess of $2 million and could rise to as much as $4 million or more by the end of the appeal period. Sobstad estimates that damages on 3DL sales through March 30, 2000 (included in the judgment) and EBITDA earnings from April 1, 2000 through September 30, 2000 are about $7 million. Also, if Sobstad prevails on appeal, North Sails will be enjoined from making 3DL not just through the expiration of the Conrad/Sobstad pioneer structural sail patents in December 2004 but for an extended period that will last through at least 2005 and very likely through most of 2006. North Sails and Windway Capital Corporation, Whidden, Hansen and Kohler informed the District Court that they planned to appeal the Court's ruling of March 31, 2000, in which the Court found that the 3DL sails literally infringed no fewer than four claims in three different Conrad/Sobstad pioneer structural sail technology patents. Sobstad has every confidence that the straightforward analysis of the District Court in its decision of March 31, 2000, will be upheld on appeal. - Peter Conrad, President, Sobstad Corporation Full release: http://www.uksailmakers.com/3DLsobstad_10_10_2000.html MULTIPLE CHOICE QUESTION When you need the latest high-tech gear for your boat, you: A) Get in the car, drive to the store, wait for someone to show you a catalog. B) Dig out the "Old Boat Supply" catalog, and call for pricing on obsolete products. C) Visit ?????.com, and learn how to tie some knots or dock your boat. D) Call Performance Yacht Systems at 1-877-3pyacht. Click below for answers. http://www.pyacht.com hardware / rigging / sails / clothing / marine electronics VENDEE GLOBE (On the Quokka Sailing website, Sean McNeill provides an overview of the upcoming Vendee Globe singlehanded race. Here are two brief excerpts from his story.) * While the rest of the world goes about its daily, sometimes mundane routine, a group of 24 skippers are busy making final preparations to their world, single-handed sloop as the Vendee Globe rapidly approaches. Although the start is 24 days away, there's no time to spare when your home for 100 to 150 days is 50 or 60 feet of carbon fiber, Kevlar, charts and electronics. The fourth edition of this quadrennial globe-girdling contest is scheduled to start Nov. 5 from Les Sables d'Olonne, on France's Bay of Biscay coastline. The course is simple: head south past the Canary Islands, cross the equator and leave Antarctica to starboard. At Cape Horn turn northward towards the equator and head back to Les Sables d'Olonne, where cheers and loved ones await. Waypoints along the route are intended to prevent the sailors from straying too far from safety. Christophe Auguin ('96-'97) set the race record of 105 days, 20 hours, 31 minutes and 23 seconds when he navigated Geodis to victory in 1996-97. His average speed of 8.9 knots over the predicted route of 22,600 miles is likely higher because all of the boats sail a longer distance. The route takes the single-handed sailors on a voyage that tests their mentality as well as their physicality. Not only are they tending to the daily technical chores of keeping their boat up and running 24 hours a day, they're also studying weather charts, plotting strategy to avoid the brutal weather systems while harnessing the friendly ones. * The last running of the Vendee might have been the worst of the three. Nine of the 15 starters (plus one unofficial entrant) either were disqualified, withdrew or rescued from sinking boats. Race rules prohibit outside assistance, so calling in port to fix a broken rudder results in automatic disqualification. Five others retired, due to problems ranging from hull damage to loose keels. - Sean McNeill, for Quokka Sports Full story: http://www.quokkasailing.com/stories/10/SLQ_1011_vendee_WFC.html LETTERS TO THE CURMUDGEON (leweck@earthlink.net) Letters selected to be printed are edited for clarity, space (250 words max) or to exclude unfounded speculation or personal attacks. This is not a bulletin board or a chat room - you only get one letter per subject, so give it your best shot and don't whine if others disagree. -- From Jonathan Woolf-Willis - Six weeks to shake down a maxi-cat for The Race? Not to take anything away from the legendary Cam Lewis and his industrious colleagues at Team Adventure, but most weekend warriors I know would have second thoughts about racing their new Catalina 30 in a club race around the cans offshore with that little on-the-water prep time! -- From Steve Kuritz - Everything the folks from US Sailing claim about lots of people volunteering their time and working hard is undoubtedly true. At the same time, their customers have almost nothing good to say about them. Now, I admit that I have some of the West coast bias against US Sailing, which earlier was well deserved but today probably isn't or at least is less deserved. A couple of natural conclusions: 1) US Sailing is just completely disconnected from its customers, or 2) we really aren't the customers, so get over it. Am I just not getting it? I am aware of the Olympic stuff, the rules, the Judge system that US Sailing provides. I recognize that they are part of the force behind rating rules but that influence is small on the West coast (by nature, this will never be an area that generates broad praise). -- From Carolin (Keri) Shining - Anyone who is tired of reading about the America's Cup should learn more about disabled sailing. Disabled sailors are the most motivated and motivating human beings I have ever met! One of the best sailors I have ever met, John Ross Dugan, had only limited movement of one arm, but it was enough to steer the helm of a Freedom 20, and boy could he race! It takes disabled sailors immense courage to sail and race, and in my mind, they are my racing heroes. I challenge anyone who is jaded about the current state of affairs in the sport of sailboat racing to spend a day racing with a disabled sailor! THE RACE (There has been much speculation about the Team Philips program over the last few days. Skipper Pete Goss answers some of the questions on the Team Philips website. Here are a few excerpts from that story.) * What do we know? - The bearing cup in the base of the mast which sits on the titanium ball in the bottom of the boat has separated from the port mast. The result was that the mast dropped on to the base structure in the bottom of the boat but did not shift about to a great deal as the ball was captive within the side walls of the mast. The damage in the hull is minimal, primarily on the forward bulkhead but should be no more than four to five days work. It seems that the cup 'gripped' the ball so restricting movement and twisting itself off. Early days and a lot of thought required to get to the bottom of it. It is however solvable and may take up to six weeks before we sail again - some of this is thanks to logistics of a boat of this size. It takes a good ten days put her together again - mast stepping, wishbones, sails, blocks etc etc. * Why are we dragging our feet with conclusions and time lines? - The truth is that we lifted the masts out on Saturday evening (not bad when it was all put together without warning), our first full day on the job was Monday and its now Wednesday - we have to find out the real reason, not a knee jerk reaction. It will take time but be assured we want to know as much as you do. * Was it damaged in stepping or some such other incident? - The short answer is no, it's always fun moving things of this size and there are times where it doesn't go quite to plan but there has been no damage incurred. * Did I know the port mast was unstable early on and ignore it in the interests of PR? - I am amazed that anyone could think that the project and those of us with responsibility within it should be driven by publicity. The boat comes first - always has done and always will. PR follows it and does so thanks to a dedicated team working in your interests. It is true to say that it is very close behind, perhaps it is this that causes confusion but we set out to have an open and transparent project that would share this adventure as it unfolds. I'm proud of what has been achieved but feel I ought to point out that it is not a novel that will deliver the next sentence when called for. It is very real with good people putting untold red eye'd effort into making this thing happen. If they don't fully know what went wrong then we all have to wait until they do. Anything we put out prior to that can only be speculation. I for one will maintain our open honest ethos - if others wish to leapfrog reality then there is nothing I can do about it bar ask we be judged by our track record. I hope to have an idea by the end of this week - but here we go I've set a precedent that I may not be able to keep as I don't have a crystal ball. What I do have is a good team who will get there as quickly as is possible. - Pete Goss For the full text: http://www.teamphilips.com/index.cfm?ArticleID=3040 CALENDAR OF MAJOR EVENTS December 7-10: Crystal Cup at Atlantis Paradise Island, The Bahamas. Ocean racing one-designs and PHRF classes on short windward-leeward courses off Nassau, plus, racing between two 75-foot International America's Cup Class (IACC) sloops - NZL-10 and NZL-12. http://www.crystalcupatatlantis.com WINNING SOLUTIONS FROM SAILCLOTH.COM The 2000 ETCHELLS Worlds and MUMM 30 European winners used AIRX in their winning arsenal. Next time, ask your sailmaker to use AIRX, the revolutionary new spinnaker fabric from Bainbridge International exclusively from Bainbridge International, where power and performance are cut from the same cloth. For more information, visit http://www.sailcloth.com GOOD DUTY Dan Dickison, Senior Racing Editor for SailNet.com - a frequent source of material for Scuttlebutt - is one of five American journalists who have been invited to sail aboard the 110' maxi-catamaran Club Med. Earlier this year, Club Med broke two world speed records - one for greatest distance sailed in 24-hours (625 miles), and one for the fastest trans-Atlantic crossing between Cadiz, Spain and San Salvador, Bahamas (10 days, 54 minutes). Dickison will fly to Portugal October 16-20 to participate in Club Med's sea trials and final preparations for The Race - the no-limits, non-stop, no-assistance, round-the-world sailing race that begins December 31st in Barcelona, Spain. Dickison joined SailNet in February as Senior Racing Editor. He previously served eight years as Associate Editor of Sailing World magazine. Prior to that, he was Executive Director at Sail Newport. He has been racing sailboats competitively since 1981. Among the other invitees to Portugal are renown sailing photographer Billy Black and journalists from Boating World, Popular Mechanics, and Popular Science. http://www:sailnet.com AMERICA'S CUP HAMILTON, BERMUDA (October 8, 2000) - Skippers from most of the confirmed teams for the next America's Cup will attend a press conference in Bermuda during the final event of this year's Swedish Match Grand Prix Sailing Tour, the Colorcraft Gold Cup. The press conference will take place at the Royal Bermuda Yacht Club on Tuesday, October 24th at 4:00 p.m. EST. The "State of the America's Cup" press conference will feature representatives from the 2000 America's Cup including Team New Zealand, Abracadabra Challenge, Nippon Challenge, Stars and Stripes Challenge, Young Australia and Young America. Representatives participating from new syndicates announced for the 2003 Cup include the OneWorld Challenge, Oracle Racing Team Challenge, Seattle Challenge and Swiss Challenge. The press conference will also serve as the kick-off event for what promises to be an exciting week of racing on Hamilton Harbor in Bermuda. Participants include: Dennis Conner, Russell Coutts, Peter Gilmour, Chris Dickson, Dean Barker, Ed Baird, James Spithill, Andy Green, John Cutler. - Shawn McBride, Director of Public Relations, Swedish Match Grand Prix Sailing Tour J/22 NAs Rush Creek Yacht Club, Dallas, Texas (63 boats) - Final Results, Gold Fleet - 1 Johnston (13) 2 Elam (14) 3 Darden (16) 4 Wainwright (17) 5 Fisher (18) 6 Beckmann (27) 7 Faust (29); Silver Fleet: 1 Olness (6) 2 Castle (14) 3 Harmon (15) 4 Bolyard (16) Event website: http://www.rcyc.org/j22/na_00/ THE CURMUDGEON'S OBSERVATION If at first you DO succeed, try not to look astonished! |
