California
Why patent lawsuits and hot tubs don’t mix
A tale of interface design, monopoly control in the spa world, and lots and lots of bubbles
Have you ever stared blankly at the control panel of a hot tub, baffled by even the simplest of tasks — such as how to turn on the jets, or adjust the temperature, or even just turn the damn thing off? Perhaps you blamed your inability to comprehend on your state of impairment — a not uncommon malady unfortunately associated with hot tubs.
I’ll bet you never blamed monopoly control of hot tub electronic control systems or abusive intellecutal property law litigation!
I sure didn’t (and believe me, I have been baffled by many a hot tub), and as my readers know, I’ll blame monopoly control and out-of-control intellectual property laws for almost any sin, at the drop of, uh, a bathing suit.
But Jamie Love’s IP-Health Digest alert, which normally concentrates on news from the pharmaceutical sector, dug up a tantalizing snippet of a lawsuit filed by a Californian manufacturer of hot tub electronic control systems claiming that another California company — the apparent Microsoft of the hot tub world — was restricting competition via aggressive litigation. Hot tubs and patent infringment? That’s got Labor Day weekend written all over it. I had to know more.
According to the complaint filed by Newport Controls against Balboa Instruments Inc, there have never been all that many suppliers of control systems to the companies that assemble hot tubs in the United States — referred to in the complaint as “original equipment manufacturers, or OEMS.
Historically, the options for Electronic Control Systems options have been limited because of the small number of Controller Suppliers and their relative lack of technical sophistication. Hot Tub OEMs and consumers alike therefore had limited choices and, for example, had to accept displays with cryptic messages requiring the use of an instructional manual for even basic operations.
You see! It wasn’t your fault! And how crazy is that? How are you going to hold an instructional manual without spilling your champagne?
Recognizing this need, Rogerson Aircraft Corporation, a highly successful aeronautics industry supplier of flight instrumentation and control systems has spent nearly three years developing a series of revolutionary Electronic Control Systems, based on technology also being developed for avionics use.
Italics mine. Newport Controls is a division of Rogerson. And what, I know you want to know, before you head out for a three-day weekend that I dearly hope is filled to the brim with overflowing hot tubs, constitutes “revolutionary” in the context of hot tub control panels?
These control panesl feature full-color LCD video displays, plain text messages, pop-up alerts… [The] video displays… allow infrmercials to encouraged repeat business…
Hmm. An infomercial broadcast from my hot tub! Suddenly, I am rethinking my instinctive sympathy for the underdog. Please, someone, anyone, file a patent infringement suit that stops these buzz-killers in their tracks, ASAP!
Which, of course, is exactly what Newport is alleging in their complaint that Balboa is doing. The bulk of the complaint accuses Balboa of violating the Sherman Antitrust Act by using its monopoly (defined by Newport as 70-75 percent of the market for hot tub electronic controls) power to crush Newport’s attempt to get a piece of the market. You see, Balboa doesn’t just dominatethe electronic control system niche. The private equity company behind Balboa has been gobbling up lots of other hot tub equipment suppliers. If you don’t play ball with Balboa on one component, alleges Newport, the company will shut you out on all the others. And if that doesn’t work, Balboa will sue you for patent infringment, claims Newport. As a result, complains Newport, the company has been able to make only one sale of its control system product.
I can’t tell from the complaint how good Newport’s case is, and I’ve been unable to find any press coverage of this swirling hot tub squabble. And my guess is if I tried to make any phone calls at 4 p.m. on the Friday before Labor Day Weekend to further report this story, I’d find out that everybody involved has already shut down for the day and is headed for the nearest hot tub (or standing, champagne glass in hand, staring dumbly at a cryptic control system trying to figure out how to turn the damn thing on.)
All I care about right now is that nugget of an idea — that sometimes, the quality of our lives is degraded by unecessary constraints on the flow of ideas. It takes a lot of work to screw up a hot tub — but obviously, it can be done. It should never have happened. How many hours of human happiness have been sacrificed to bad interface design? How many hot tubs have been too hot or too cold? Fight the power! Let a 1000 hot tub control systems bloom!
Enjoy your weekend.
Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21. More Andrew Leonard.
California’s college mess
How not to compete in the global economy: The richest state in the U.S. can't afford to educate its students
Jerry Brown (Credit: Reuters/Lucy Nicholson) If increasing access to quality higher education is as crucial to U.S. economic growth as everybody seems to think it is, then two news item from California this week deliver a simple, straightforward message: We’re screwed.
1) Ace education reporter Nanette Asimov reported on Tuesday in the San Francisco Chronicle that the California State University system is withholding around $90 million in cash grants previously allocated to graduate students in the CSU system.
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Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21. More Andrew Leonard.
California’s unregulated fracking problem
Drilling has long gone unregulated in this earthquake-prone state. And now Gov. Brown may be trying to hush it up
A gas flare burns at a fracking site in rural Bradford County, Pennsylvania January 9, 2012 (Credit: Reuters/Les Stone) Thanks to the smoking gun of Josh Fox’s sobering documentary “Gasland,” hydraulic fracturing has finally entered our renewable news cycle. Yet despite poisoning groundwater, freeing methane and literally creating earthquakes back east, fracking has a visibility problem in California.
The situation became less clear after a recent investigative report from D.C.-based nonprofit Environmental Working Group explained that California has experienced 60 unregulated years of widespread fracking, whose technical methods and geographical locations in the seismically active state exist outside of the public purview. It got darker after Gov. Jerry Brown’s administration wiped the state government’s Division of Oil, Gas and Geothermal Resources (DOGGR) website of fracking fact-sheets and documents. Good luck finding anything about fracking on the governor’s official site either.
Scott Thill is the editor of Morphizm.com. He has written on media, politics and music for Wired, the Huffington Post, LA Weekly and other publications. More Scott Thill.
Swimming with the stars
A new photography exhibition examines the cultural significance of the Southern California swimming pool SLIDE SHOW
Lawrence Schiller, "Marilyn Monroe," 1962.(Credit: Courtesy of Judith and Lawrence Schiller; Lawrence Schiller © Polaris Communications, Inc.) By turns playful, suggestive and bewitching, the photographs in a new show at the Palm Springs Art Museum propel us back through the decades, to a time when the glamour of choreographed capitalist displays had a singular hold over the American imagination.
These images, though diverse in many respects, all have one thing in common: the swimming pool. That, and their mid-to-late 20th-century Southern California backdrop.
The exhibition is part of “Pacific Standard Time,” a multi-institutional project devoted telling the story “of the birth of the Los Angeles art scene and how it became a major new force in the art world,” sponsored by the Getty Research Institute. Over the phone, curator Daniell Cornell explained the place of the swimming pool in Southern California’s cultural history, and discussed the show’s principal themes — from architecture and suburban idealism to the cult of the Hollywood celebrity. Click through the following slide show for a sun-soaked trip back in time.
Continue Reading CloseEmma Mustich is a Salon contributor. Follow her on Twitter: @emustich. More Emma Mustich.
Occupy Southern California
At least a half-dozen separate protest movements have sprung up between L.A. and San Diego
San Diego Police clash with demonstrators at the Civic Center Plaza Friday, Oct. 14, 2011 in San Diego. (Credit: AP/Lenny Ignelzi) California has long been a hotbed of political activism, so it’s no real surprise that residents across the state are expressing their solidarity with the Occupy Wall Street movement. In fact, in the relatively small tract of land between Los Angeles and San Diego, a number of groups have staged protests of their own. Here’s a roundup:
Occupy Los Angeles: A group of 10,000 to 15,000 protesters — not just Angelenos, but Californians from near and far — marched in dowtown L.A. on Saturday. According to the Los Angeles Times:
Continue Reading CloseObama’s crackdown on medical marijuana
The Justice Department shifts course and goes after California's lucrative pot industry
Right: DEA agents remove marijuana plants from a dispensary in San Francisco (Credit: AP/Salon) Back in July, I interviewed a drug policy expert about an apparent change in Justice Department policy that suggested a crackdown on medical marijuana — which is legal in many states but illegal under federal law — might be coming.
Now, with the announcement last week by California’s four U.S. attorneys that pot dispensaries will be targeted with harsh criminal sanctions, the shift feared by drug policy reform advocates appears to have come to pass. The rhetoric from candidate Barack Obama about not prioritizing medical marijuana cases now seems a distant memory.
Continue Reading CloseJustin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
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