Cobalt Boats, LLC v. Sea Ray Boats, Inc. et al, 2-15-cv-00021 (VAED October 31, 2017, Order) (Morgan, SJ)
Thursday, November 2, 2017
Copying, False Statements, and Multiple Years of Infringement Warrant Award of Enhanced Damages
The court granted plaintiff's motion for enhanced damages because defendant's copying, lack of a good faith belief in its defenses, litigation conduct, duration of misconduct, motivation for harm weighed in favor of a 1.5 time enhancement of the jury verdict. "It appears from the record that [defendant] examined [plaintiff's] patent and step and tried to design something as close as possible. . . . The Court agrees that [defendant] willfully infringed. . . . [T]he false statement in the original Answer was wrongful behavior because it concerned a key fact: whether [defendant] knew about the patent while designing its step. . . . The fact that counsel remedied [defendant's] bad behavior does not alter the reality that false statements in the Answer are not proper litigation behavior. . . . Wherever courts should draw the line on duration, a party with multiple years of expanded use of an infringing product undoubtedly crosses the line on acceptable duration of infringement."