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Liability reversed, mooting issues of damages, willfulness, and attorney fees

Liability reversed, mooting issues of damages, willfulness, and attorney fees

Cobalt Boats v. Brunswick is a nonprecedential case decided on May 31, 2019 on appeal from the Eastern District of Virginia. At trial, the jury defendant Brunswick willfully infringed, leading to a royalty award of $2,690,000. After trial, the district court enhanced the damages by a factor of 1.5 and awarded damages for post-verdict sales, resulting in a total verdict of $5,396,250. The court also granted plaintiff Cobalt’s motion for a permanent injunction, awarded attorney fees to Cobalt, and denied Brunswick motions for JMOL on liability, damages, and willfulness. Brunswick appealed.

The Federal Circuit reversed the claim construction, finding that Brunwick is entitled to JMOL of no infringement.

Because the Federal Circuit reversed the judgment on liability, it did not need to address damages, willfulness, or attorney fees. The Federal Circuit, however, had “substantial reservations about the district court’s damages rulings, which permitted Cobalt to present a damages calculation to the jury that used the profit of entire boats as its starting point—even though Cobalt concedes that the [patented feature] is not the basis of demand for Brunswick’s [product.]”

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Cobalt Boats, LLC v. Brunswick Corp., 773 F. App’x 611 (Fed. Cir. 2019)