Cobalt sues Sea Ray over fold-down swim step
- jhnmdahl
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Re: Cobalt sues Sea Ray over fold-down swim step
I plead the Fif... damn, caught me again.
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2015 210 (Volvo Penta 5.7L V8-225)
2015 210 (Volvo Penta 5.7L V8-225)
- jhnmdahl
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Re: Cobalt sues Sea Ray over fold-down swim step
FWIW, Brunswick appealed the judgment, which was upheld in a Federal Circuit Court. The jury awarded Cobalt $2.7M this summer, which is trebled because it was found to be willful. For more info, see:
https://plus.ibinews.com/article/n9sCEE ... ts_upheld/
https://plus.ibinews.com/article/n9sCEE ... ts_upheld/
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Re: Cobalt sues Sea Ray over fold-down swim step
jhnmdahl wrote: ↑Tue Oct 24, 2017 10:07 pm FWIW, Brunswick appealed the judgment, which was upheld in a Federal Circuit Court. The jury awarded Cobalt $2.7M this summer, which is trebled because it was found to be willful. For more info, see:
https://plus.ibinews.com/article/n9sCEE ... ts_upheld/
.
The thing that is most disturbing is how blatant the copy was. In fact a judgment of this nature which allows for a TRIPLE award are ONLY reserved for the most egregious violators. Basically Brunswick (or Sea Ray if you will for their step "invention") flat out copied Cobalt with no intention or even attempt to change or give credit to the inventor.
....and this from an American company under American law egregiously violating another's patent. I mean patent lawsuits happen all the time--but to be so blatant in your attempt to steal someone's or another company's invention...I really think Brunswick thought they could get away with it and with ease. (what's 2.7 million dollars to a billion dollar corporation) Shame on big Brunswick -- innovation & leadership -- whatev. Go back to billiards.
....and I'm pullin' my Merc back out and putting in a Volvo.
.
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2002 Cobalt 262
&
2005 Cobalt 263
496 MagHO
(sold )
Erie, PA
Currently boatless (for now)
will fly for food
(CChat moderator)
&
2005 Cobalt 263
496 MagHO
(sold )
Erie, PA
Currently boatless (for now)
will fly for food
(CChat moderator)
- jhnmdahl
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Re: Cobalt sues Sea Ray over fold-down swim step
Yep, trebled damages in patent suits are reserved for "willful" infringement, where the infringer had (or should have had) knowledge they were infringing. Although the standards keep changing for proving willful infringement and are somewhat complex, if you know about a patent but don't take certain steps to analyze it and ensure you have a reasonable good faith belief you aren't infringing, your infringement can be determined to be willful.
John
John
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2015 210 (Volvo Penta 5.7L V8-225)
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Re: Cobalt sues Sea Ray over fold-down swim step
Great to see progress made and temporary success for Cobalt in the form on treble damages, John.jhnmdahl wrote: ↑Fri Jun 17, 2016 3:11 pm A year later, the district court lawsuit has been stayed pending inter partes review of the patent at the USPTO. Those truly interested or truly bored can read all about it at https://ptabtrials.uspto.gov by entering patent number 8375880.
Personally, I think it's 50/50 that Coblat emerges from this IPR with their patent intact, and unlikely that Searay is found to infringe even if the patent remains intact, but we shall see...
2002 Cobalt 262
&
2005 Cobalt 263
496 MagHO
(sold )
Erie, PA
Currently boatless (for now)
will fly for food
(CChat moderator)
&
2005 Cobalt 263
496 MagHO
(sold )
Erie, PA
Currently boatless (for now)
will fly for food
(CChat moderator)
Re: Cobalt sues Sea Ray over fold-down swim step
U.S. District Judge Henry C. Morgan Jr. granted a series of post-trial requests by Cobalt, the smaller of the two boatmakers, including tacking on enhanced damages that boosted the compensatory damages to $5.4 million from $2.7 million, after adding on some previously uncounted royalty amounts, and concluding that
.
5.4 million!
.
Again, a drop in the bucket for Brunswick, but more importantly —shame on you big Bruns .
The judge also took a stern stance on what he called “bad behavior” by Brunswick in the case, finding that a false statement in the company’s answer to Cobalt’s complaint — that it was unaware of Cobalt’s patent — along with the company’s lie about being in touch with a former employee and its decision to call what Judge Morgan said were deceptive witnesses weighed in favor of awarding enhanced damages and attorneys’ fees, according to the decision.
.
https://www.law360.com/articles/980459/ ... in-ip-suit
.
Last edited by AsLan7 on Mon Nov 06, 2017 7:58 pm, edited 3 times in total.
2002 Cobalt 262
&
2005 Cobalt 263
496 MagHO
(sold )
Erie, PA
Currently boatless (for now)
will fly for food
(CChat moderator)
&
2005 Cobalt 263
496 MagHO
(sold )
Erie, PA
Currently boatless (for now)
will fly for food
(CChat moderator)
- jhnmdahl
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Re: Cobalt sues Sea Ray over fold-down swim step
Yeah, don't lie in litigation, especially if there's a record contradicting your lie. Judges don't like that.
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Re: Cobalt sues Sea Ray over fold-down swim step
This isn't the first time Brunswick lost a a lawsuit I remember with my first boat that had a Mercruiser in it there was a class action lawsuit for Brunswick cornering the market and pretty much telling boat manufacturers that they have to use only MerCruiser in them. Of course the actual owners of the boats compensation was nothing either a bowling ball a few life jackets or I believe $150 rebate on the purchase of a new MerCruiser drive or engine
- Big Block Power
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Re: Cobalt sues Sea Ray over fold-down swim step
Sounds about right.tarachanowicz wrote: ↑Mon Nov 20, 2017 6:36 pm This isn't the first time Brunswick lost a a lawsuit I remember with my first boat that had a Mercruiser in it there was a class action lawsuit for Brunswick cornering the market and pretty much telling boat manufacturers that they have to use only MerCruiser in them. Of course the actual owners of the boats compensation was nothing either a bowling ball a few life jackets or I believe $150 rebate on the purchase of a new MerCruiser drive or engine
03Cobalt220 8.1gxi DP
"Kids in Tow2"
"Pot The Jus" Originator :-)
Neenah Wi
#ItsBu'sfault
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"Kids in Tow2"
"Pot The Jus" Originator :-)
Neenah Wi
#ItsBu'sfault
#FARCON Marine CC Core!
Re: Cobalt sues Sea Ray over fold-down swim step
Yup.
I’ve never been a fan of monopoly’s or oligopolies.
Bring on competition.
I’ve never been a fan of monopoly’s or oligopolies.
Bring on competition.
2002 Cobalt 262
&
2005 Cobalt 263
496 MagHO
(sold )
Erie, PA
Currently boatless (for now)
will fly for food
(CChat moderator)
&
2005 Cobalt 263
496 MagHO
(sold )
Erie, PA
Currently boatless (for now)
will fly for food
(CChat moderator)
- Big Block Power
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Re: Cobalt sues Sea Ray over fold-down swim step
More news from Brunswick.
Brunswick announced its intent to sell Sea Ray, yesterday.
Brunswick announced its intent to sell Sea Ray, yesterday.
03Cobalt220 8.1gxi DP
"Kids in Tow2"
"Pot The Jus" Originator :-)
Neenah Wi
#ItsBu'sfault
#FARCON Marine CC Core!
"Kids in Tow2"
"Pot The Jus" Originator :-)
Neenah Wi
#ItsBu'sfault
#FARCON Marine CC Core!
- jhnmdahl
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Re: Cobalt sues Sea Ray over fold-down swim step
I read that Sea Ray sold over 28,000 boats a year in 1986 when Brunswick bought them, but sold fewer than 2,500 last year. Could be a tough sale...
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Re: Cobalt sues Sea Ray over fold-down swim step
Malibu buys sea ray. has bonfire.
2002 190
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- Big Block Power
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Re: Cobalt sues Sea Ray over fold-down swim step
Ouch that's not good. Where did they go wrong. No wonder why mercury engines are hurting. They can't even sell there own boats.
03Cobalt220 8.1gxi DP
"Kids in Tow2"
"Pot The Jus" Originator :-)
Neenah Wi
#ItsBu'sfault
#FARCON Marine CC Core!
"Kids in Tow2"
"Pot The Jus" Originator :-)
Neenah Wi
#ItsBu'sfault
#FARCON Marine CC Core!
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