Newman Darby
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Sidney Newman Darby Jr. (January 31, 1928 – December 3, 2016) was an American inventor best known as the inventor of the
sailboard Windsurfing is a wind propelled water sport that is a combination of sailing and surfing. It is also referred to as "sailboarding" and "boardsailing", and emerged in the late 1960s from the aerospace and surf culture of California. Windsurfing ga ...
.


Biography

He was born in 1928 and grew up in
Wilkes-Barre, Pennsylvania Wilkes-Barre ( or ) is a city in the U.S. state of Pennsylvania and the county seat of Luzerne County. Located at the center of the Wyoming Valley in Northeastern Pennsylvania, it had a population of 44,328 in the 2020 census. It is the s ...
and began building boats when he was 12. His first boat sank, but he fished it out of the Susquehanna River, near his home, and made it into a home for snakes. Darby and his wife made their home in Saint Johns, Florida, where he died on December 3, 2016 at the age of 88.


Sailboard

Darby is known and recognized by some as the “Father of Windsurfing”. While he was decided against seeking a patent due to the related expense (and drama), he developed the first craft and marketed it nationally, selling a few hundred boards. Darby first conceived of a hand-operated square sail attached to a catamaran in 1948, when he was 20. In the mid-1960s, Darby conceived the "Darby Sailboard": a hand-held square rigged "kite" sail on a floating platform for recreational use. The craft, sailed with the operator’s back to the sail, was difficult to operate in strong and gusty winds, in particular because the boom could be handled from only one side of the sail. Darby had taught himself to sail a 10-foot model on lakes in high wind between 1964 and 1965. He published his design in August 1965 '' Popular Science'' magazine, which exhibited a primitive rope universal joint) it did refer to a "more complex swivel step for advanced riders not shown." The sail was like a kite and was sailed with one's back to the sail. '' Popular Science'' magazine was published in many countries around the world, establishing the Darby sailboard as "prior art" in several legal jurisdictions. Darby and his wife Naomi organized Darby Industries, Inc. in 1964, with his brother, Kenneth, was also active in the company. However, the sailboard design never gained popularity, and Darby's company ceased operations by the end of the 1960s. His sport, however, became an international Olympic sport which he enjoyed on his later years.


Windsurfer patent cases

Darby did not patent his design or any of his subsequent models attached to surfboards, and the Californians Jim Drake (a sailor) and Hoyle Schweitzer (a surfer) took out the first patent on Drake's
Windsurfer Windsurfing is a wind propelled water sport that is a combination of sailing and surfing. It is also referred to as "sailboarding" and "boardsailing", and emerged in the late 1960s from the aerospace and surf culture of California. Windsurfing ga ...
design in 1968. The universal sail system with pivotal mast was already in public use from Darby's invention at that time. However, the Windsurfer incorporated a wishbone boom that allowed the operator to face the sail from both sides of the board, dramatically improving performance. Developed commercially through company Windsurfing International Inc., after Hoyle bought Drake out of his half of the patent for $36,000, he quickly expanded the company thorough licensing the patent internationally. However, Europe was now the largest growing market for windsurfers, and the sub-licensed companies - Tabur (later Bic Sport), F2, Mistral - wanted to find a way to remove or reduce their
royalty payment A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset o ...
s to Windsurfing International. Tabur lawyers found prior art, in Englishman Peter Chilvers, who as a young boy on
Hayling Island Hayling Island is an island off the south coast of England, in the borough of Havant in the county of Hampshire, east of Portsmouth. History An Iron Age shrine in the north of Hayling Island was later developed into a Roman temple in the 1st c ...
on the south coast of England, assembled his first board combined with a sail, in 1958. In ''Windsurfing International Inc. v Tabur Marine (GB) Ltd'', with Tabur backed financially by French sailing fanatic Baron Marcel Bich, British courts recognized the prior art of Peter Chilvers. It did not incorporate the curved wishbone booms of the modern windsurfer, but rather a "straight boom" that became curved in use. The courts found that the Schweitzer windsurfer boom was "merely an obvious extension". It is worthy of note that this court case set a significant precedent for
patent law A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
in the United Kingdom, in terms of
inventive step and non-obviousness The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. In other words, " he ...
; the court upheld the defendant's claim that the Schweitzer patent was invalid, based on film footage of Chilvers. Schweitzer then sued the company in
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, where the opposition team again financially backed by Bic included Chilvers and Jim Drake, and lost again. After the cases, no longer obliged to pay Windsurfing International and royalty payments, the now renamed Bic Sport became the world’s largest producer of windsurfing equipment, with an annual production of 15,000 boards. In 1983, Schweitzer sued Swiss board manufacturer Mistral,Mistral.com
/ref> and lost. Although started before the British case, it ended after the closure of the Canadian case, with Mistral's defence hinging on the work of Darby. In the 1980s, Darby received a design
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
for a one-person
sailboat A sailboat or sailing boat is a boat propelled partly or entirely by sails and is smaller than a sailing ship. Distinctions in what constitutes a sailing boat and ship vary by region and maritime culture. Types Although sailboat terminolo ...
, the Darby 8 SS sidestep hull. His latest project is called the Windspear, a combination kayak, canoe, and surfboard, with a paddle and fin combination. Darby's latest design (2006/2007) is being tested, timed and fine tuned.


References


External links

* {{DEFAULTSORT:Darby, Newman 1928 births 2016 deaths People from Wilkes-Barre, Pennsylvania 20th-century American inventors American windsurfers