Friday’s Legal Landgrab

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Feb 032012
 

Yesterday, I went through some of the more interesting patents out there. One that seemed to deserve its own space, though, is this one.


That’s still a little vague, so let me clarify what it pertains to.

Based on that set of drawings, you might begin to recognize the idea in question as a tapered steerer tube–the same basic design found on almost every bike. I stumbled onto this the other night, and traced it back to a patent that was already approved on May 22nd, 2011. Given that the inventor is in Madison, Wisconsin, I suspected the actual owner of the patent was Trek, and finding the old patent confirmed this. Here’s the “Abstract,” or “what it does” portion of the original patent:

A bicycle steerer tube assembly having an oblong asymmetric cross section formed along a portion of the steerer tube. The asymmetric portion of the steerer tube has a first diameter that is generally aligned with an axis of rotation of the front wheel and a second diameter that is generally aligned with a plane of rotation of the front wheel. The first diameter is greater than the second diameter and provides lateral stiffness to the wheel assembly and the second diameter accommodates longitudinal impact absorption of the fork and wheel assembly.”

The potential significance of this is pretty mind-blowing. If I’m reading this correctly–and I’m pretty sure I’m at least close–what this patent actually says is that Trek was granted ownership of tapered steerer tubes this past May.

As in all tapered steerer tubes.

Meaning that pretty much every bike above $1000 and made in the last few years features intellectual property now owned by Trek.

If this is, indeed, the case, the real question becomes, “Will they enforce this patent?” and, if so, to what degree? Conceivably, every bike with a tapered steerer tube owes Trek money. Given that the original patent was approved less than a year ago, it’s possible the hammer just hasn’t come down yet–and it’s also possible that, despite the initial approval of a clearly very broad idea, clarification was required before anything could really be enforced, and this has required the submission for a second patent. My fourth least-favorite thing in the world (behind Nickleback, vampires who fall in love humans, and chewing aluminum foil) is half-cocked internet rumor-mongering, so it’s important to point out that this could be no big deal–companies hold all kinds of patents, and not every intellectual battle is as bloody as, say, Apple versus Samsung. Maybe this all means nothing.

But wow. It’s hard to believe a patent this broad could be granted, and that Trek could conceivably declare all tapered steerer designs liable for encroaching on their intellectual turf, but I believe the possibility is at least there, based on this information.

Personally, I’d like to think that Trek is above taking any action on this patent, assuming they can, but it’s a mad world. Many, many crazy patent wars have already been waged–many behind the curtain–in the bicycle industry. I can still remember walking past a Santa Cruz Superlight in one of my mechanics’ bike stands and noticing a patent number stamped on the swingarm. Suffice to say, it didn’t belong to Santa Cruz–the company who’d originated that type of swingarm design. Seems somebody had come in underneath them and snaked the IP on that fabrication method, which to this day seems like one of the biggest dick moves possible. But there have been plenty, and Specialized’s recent drunken swing at Volagi proves we’re not all one big happy industry, sitting around the campfire, drinking microbrews and sharing mutual respect.

What do you think? If one company had the ability to claim something that’s become such a part of all decent bicycles, should they? If Trek developed this technology out ahead of everyone else, then they’re right to own it, but boy would it be something for them to take ownership of that now. I suspect we’d be looking at a blizzard of licensing deals being put together, like what happens in smartphones and other competitive technology sectors, and most of us would go on buying whatever bike we wanted, oblivious to the money changing hands behind the scenes.

Or this could be a real mess.

The Benefits of Exorcising

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Nov 302011
 

Recently, I was a bit critical of Lululemon’s corporate crusade to find John Galt. Not to be outdone by little old me, the Catholic church, barometer of all right and wrong, has just declared yoga to be Satanic–or, more specifically, former Chief Exorcist for the Vatican, Father Gabriele Amorth, has reiterated the Papal stance on the matter. Though I’d grown up Catholic, I had no idea we even had a “Chief Exorcist” on the team, let alone one whose favorite movie is The Exorcist and who’s apparently seen people “vomit shards of glass and pieces of iron.” Given that Father Amorth declared both Yoga and the Harry Potter franchise Satanic while introducing a new movie about exorcism starring Anthony Hopkins, one has to wonder what other rockstar demon-battling superstars the Vatican has had on board all these years. I’d like to think that the few dollars I put in the collection basket all those years went to the development of some bitchin’ bladed throwing crucifixes!

Speaking of all-powerful nation state institutions, Specialized Bicycles seems to have run afoul of Bell Sports, the crew who owns Giro, Bell, and Easton, after perhaps one too many mandates that a shop not sell Bell products or risk losing Specialized dealership status. In case you missed that, Specialized actually does not permit retailers to sell certain other brands. In fact, it’s extremely common. Trek has similar policies in place as well. As the co-800lb gorillas in the retail bike market, these two companies have been left largely unchallenged for years while dictating to helpless independent bicycle retailers just what their inventory is supposed to be. Understanding how this can happen begins with understanding that, in the bike business, “independent” doesn’t mean “free” so much as “without any representation or protection.” Similar parasitic relationships have gone on in this industry for many years.

The irony here of course is that the red-blooded Assos wearing free market capitalist just now taking delivery of his $18,000 Specialized McLaren Venge is usually completely oblivious to the fact that the small business owner who sold him the bike did so with a gun to his head.

But who cares? It’s good business for a company that can leverage its market share to do so every way possible, and why would Specialized and Trek sit on their hands and wait for randy upstarts to engage them in hand-to-hand sales combat when they can carpet bomb the whole industry with regulations from 30,000-feet and keep the competition off the battle field to begin with? It really is better to avoid competition than to take any chances. Especially when you’re producing a superior product–and who can question the superiority of your product if nobody gets a chance to ride anything else? Fair market competition is obsolete once you’re proven you have a superior product by ensuring there is no fair market competition. All the Chosen Ones need to do now is send out some promotional “Who is John Galt, Baby?” bags to their hamstrung retailers.

Alas, one major problem with maintaining a monopoly these days is something called the Internet, which tends to distribute information to people, and has proven extremely resistant to the kind of control guys like Specialized can exert over independent retailers. Though you can buy visibility with flashier web sites and ads, even the largest company ultimately can’t keep people from finding out about competing products on the internet, and, regardless of what anyone tells you, this is one of the reasons you won’t find retailers offering Trek and Specialized products for sale on-line. As long as there’s a virtual monopoly still in place with the antiquated sales structure of bicycles, the guys on top are going to stay on top, and the status is going to stay plenty quo. Now more than ever, though, the Internet is disrupting that model, and the cycling industry is scrambling to adapt to the shake-up. Consumers are researching and buying their products on-line, and that’s going to be increasingly true in the coming years. There comes a point at which ignoring e-commerce will begin to dismantle companies like Trek and Specialized, and we’re almost there.

Consider that Specialized is now selling some products on their web site, and, regardless of what half-assed “payment sharing” plans such direct e-commerce sales claim to offer local dealers, you have to be a complete idiot not to see moves like this for what they really are: attempts to embrace e-commerce without ceding any control to the front-line retailers representing your brand. The much touted line that independent bike shops are completely safe because nobody will ever purchase an expensive bicycle on the internet is a pacifier, stuck in the mouth of the independent bicycle dealer by that brands that don’t know how to handle sales of their products on-line. Ask Competitive Cyclist whether anyone buys high-end bikes on-line. Or any of the other on-line retailers banking over $20M in yearly sales. Does anyone really think a Competitive Cyclist-built custom bicycle arrives at a guy’s house looking like an unbuilt Ikea desk, and that the company has experienced off-the-charts sales growth over the last handful of years because they keep disappointing customers? I owned a company that sold bicycles on the Internet, and I’ve personally exchanged over 80-emails with a single customer regarding a bike purchase–plus those products don’t put themselves up on your web site and if anything customers have far more questions for which they expect real-time answers, even at 2:00am, so the argument “these web guys” have “no overhead,” is a myth perpetuated by the same guys forcing you to increase your pre-book by 10% next year. The IT spend alone is staggering. These places have extensive overhead; it’s just a different type of overhead, and one that some of your brands don’t want you even sniffing around at. In fact, the industry has been so turned around that many retailers see the Internet only as an enemy, not an opportunity. Long term, that will prove to be tragic. Am I saying the e-comm guys have it all figured out? Not at all. Many of them don’t have a clue, and that’s why it’s important for local dealers to at least understand e-commerce as an opportunity. Local brick and mortar dealers have been fed a load of bullshit about the Internet for years, and when the guys who keep you from selling their products on-line start selling them on-line themselves, it’s time to wake up.

By the time you’re throwing up glass and iron, even Father Amorth won’t be able to save you. Might as well open a yoga studio.

Interbike 2015: a Preview

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Sep 092011
 

Interbike 2011 is about to get underway, and I’ll be there asking questions like “When will we actually see these at dealers?” and “How drunk were you when you designed this?” What with Eurobike just ending and Interbike just beginning, we’re all focused on seeing the latest stuff.

With that in mind, here’s a preview of some products we might be seeing–not at this year’s Interbike, but a few years from now. Think of this as the bike version of seeing the new Nike McFly. Some of what you’re about to see may never come to be, but some will, and all of it’s interesting. Finding this information is possible thanks to my extraordinary powers of prognostication, but also thanks to publicly available patent information anyone can access any time.

Integrated Shifting and Suspension Systems

I don’t know if Specialized will ever produce products using this patent, but they’ve had these plans to integrate shifting and suspension since 2006. As a guy who still dislikes anti-lock brakes, I tend to hope this stays on the shelf, but who knows. Maybe they could do something incredible with this.


Vibration Damping System for a Seatpost

There are plenty of weird things out there in Patent Land that aren’t yet attached to a company with the resources to see them into production, and this could be one of those, but I get the feeling we’ll see this actually hit the market at some point.


Trek Suspension Fork

Difficult to say exactly why Trek would have filed a patent application for a suspension fork in February of 2010. If it’s an attempt to make inexpensive forks for entry level bikes, you’d still think they’d just license something–and they sure wouldn’t put Jose Gonzalez and Greg Buhl, the guys behind anything serious going on with suspension designs at Trek, behind this project.


Trek’s Concentric Rear Derailleur

No, I don’t think Trek is muscling in on Shimano and SRAM’s turf, but this suggests the boys in Wisconsin are dedicated to their Active Braking Pivot frame design.


Craig Calfee Suspension Frame Design

Though it sure seems to pay homage to the classic Moots circa Kent Eriksen YBB design, Calfee’s design for a soft-tail looks distinct, cleanly done, and really intriguing, and it’s certainly possible we’ll see bikes using this design soon.


Shimano Suspension Fork

It’s certainly possible this fork will never see the light or day, or worse–that it’s intended for a hybrid. Shimano already shows fork patents that seem suited to light duty use, but this thing looks a little sophisticated for a trip to the grocery store. In addition to this patent, the same drawings appear in a second patent that details a process for transferring air between two different chambers using a lever, which gets really interesting, once you’ve seen the third patent, filed in April of 2008, that seems to show a dual remote system for managing both travel and damping (Fig. 2 below), or their external reservoir electronically controlled fork damping system.


Bizarre Dual Shock Suspension Design

Okay, so we probably won’t ever see this thing, and maybe it’s for the better, but part of me sure hopes it surfaces somewhere, somehow. Probably won’t be at a show, though. Interbike has become so incredibly expensive for the exhibitors these days that you never see insane, goofy shit like this anymore, and that’s truly sad. Here’s to you, dual-shock, elevated combo-chainstay-linkage design.


My Own Suspension Design

Maybe you’ll see it one day. I’m working on having a prototype built now. Feel free to submit questions about it using the question submission thing up at the top of the page, there on the right.


Electronically Cooled Fox Suspension

An excerpt from this patent application, filed in 2009, suggests the use of a “thermoelectric generator” that would use a magnet passing coiling wires during movement of the shock to activate a cooling device. Another, even wilder, possible embodiment introduces something called “piezo electric crystals” that would generate electricity when under compression. In all cases, these “TEGs” or thermoelectric generators, have the ability to literally move heat around, and that alone is pretty insane. By the time the application starts suggesting the TEGs can “based on the Peltier Effect and correspondingly constructed from thin ceramic wafers having alternate P and N doped bismuth telluride sandwiched between them,” I’m willing to just give Fox the benefit of the doubt and believe this crazy bastards are really serious about making suspension systems. I mean holy shit, guys.


The examples go on, and now that you know where to look, please feel free to roam around all up in the patent club. I haven’t even mentioned some really interesting suspension designs. Good, bad, or ugly, these patents are all proof that we belong to an incredibly creative and innovative industry.