Cobalt sues Sea Ray over fold-down swim step

[jhnmdahl]

I plead the Fif... damn, caught me again.

[liquid]

Hahaha!

[jhnmdahl]

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/

[AsLan7]

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/

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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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[jhnmdahl]

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

[AsLan7]

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...

Great to see progress made and temporary success for Cobalt in the form on treble damages, John.

[AsLan7]

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

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5.4 million!
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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.

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https://www.law360.com/articles/980459/ ... in-ip-suit

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[jhnmdahl]

Yeah, don't lie in litigation, especially if there's a record contradicting your lie. Judges don't like that.

[tarachanowicz]

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]

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

Sounds about right.

[AsLan7]

Yup.
I’ve never been a fan of monopoly’s or oligopolies.
Bring on competition.

[Big Block Power]

More news from Brunswick.
Brunswick announced its intent to sell Sea Ray, yesterday.

[jhnmdahl]

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...

[liquid]

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...

Malibu buys sea ray. has bonfire.

[Big Block Power]

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.