Facts

Hydrodynamic Industrial Co Ltd sued Green Max Distributors Inc., to stop it's competitor from selling a sea scooter that infringed on the patent entitled "Underwater Motive Device," and copyright infringement. The patent covered a Sea Doo sea scooter offered by Hydrodynamic. Hydrodynamic sought for a judicial declaration of infringement as well as a permanent injunction enjoining Green Max from infringement. Green Max filed a counter claim against Hydrodynamic, seeking damages and declaratory relief as well as equitable relief for patent invalidity, unenforceability, and relief for patent misuse.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant infringed and continued to infringe on its patent by making, using, or selling sea scooters that embody its patents. Plaintiff contended that it was injured as a result of defendant's infringement.

DEFENDANT'S CONTENTIONS:
Defendant asserted various affirmative defenses and denied plaintiff's allegations.

Injuries

Hydrodynamic sought damages, including treble damages, interest, fees and costs, and other relief.

Result

The jury found that Green Max had willfully infringed on Hydrodynamic's patent and awarded Hydrodynamic $45,567 as reasonable royalty. The jury also found that Green Max had copied Hydrodynamic's copyrighted work, but did not award any damages for this copyright infringement. The jury's verdict included a determination that "the '385 patent was not invalid based on anticipation or obviousness."

Other Information

Given the willful infringement finding by the jury, Hydrodynamic will be filing a motion to seek treble damages and attorneys' fees.