Cobalt Boats, LLC v. Sea Ray Boats, Inc.

Filing 459

OPINION AND ORDER. The Court DENIES the Plaintiff's Motion to Show Cause (ECF No. 427). See Order for details. Signed by District Judge Henry C. Morgan, Jr on 12/11/2018. (jrin)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

COBALT BOATS,LLC,
Plaintiff,
V,

Civil Action No. 2:15cv21

SEA RAY BOATS,INC.&
BRUNSWICK CORP.,
Defendants.

OPINION & ORDER

This matter comes before the Court on Cobalt Boats, LLC's ("Plaintiffs" or "Cobalt's")

Motion to Show Cause Why Brunswick Corporation Should Not be Held in Contempt of the
Court's Permanent Injunction (the "Motion"). Doc. 427. A hearing for this matter took place on
November 29, 2018. For the reasons stated below,the Court DENIES Plaintiffs Motion.
I.

BACKGROUND

On June 21, 2017, a jury returned a verdict finding that the swim steps on Brunswick's

boats(the "Litigated Design") infringed claims 4 and 5 of Cobalt Boats''880 Patent. Doc. 338.'
The jury found that Brunswick the Litigated Design infringed claim 4 of the '880 Patent both
literally and under the doctrine of equivalents, and that Defendant had infringed 5 of Plaintiffs
'880 Patent under the doctrine of equivalents only. Id. Claim 5 is an independent claim and

Claim 4 depends on Claim 1 of the '880 patent. Claims 1,4, and 5 are reproduced below:

'The parties also entered into a Stipulation prior to trial that "[t]o the extent that Cobalt prevails and obtains an
injunction against Defendants, the injunction will apply equally to the Delrin washer used in the Sea Ray 220 and
240 Sundeck models sold in or before March 2017, and Defendants will not argue that such Delrin washers are
outside ofthe scope ofthe injunction." Doc. 315 at 2. The Delrin washer used in the Sea Ray 220 and 240 Sundeck
models is referred to as the "Stipulated Design."