Newman Darby

He published his design in August 1965 Popular Science magazine, which exhibited a primitive rope universal joint and referred to a "more complex swivel step for advanced riders not shown."

Popular Science magazine was published in many countries around the world, establishing the Darby sailboard as "prior art" in several legal jurisdictions.

Drake's version incorporated a wishbone boom that allowed the operator to stand and face the sail from the windward position.

Drake’s original scientific paper titled “Windsurfing – a new concept in sailing” was revolutionary and represented a clear departure from Darby’ earlier development.

His early free sail concept was primitively related to modern windsurfing however, which became an international Olympic sport in later years.

Tabur lawyers found prior art, in Englishman Peter Chilvers, who as a young boy on Hayling Island on the south coast of England, assembled his first board combined with a sail, in 1958.

It is worthy of note that this court case set a significant precedent for patent law in the United Kingdom, in terms of inventive step and non-obviousness; 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, where the opposition team again financially backed by Bic included Chilvers and Jim Drake, and lost again.