Decision Date: December 27, 2012

Court: D. Florida -

Patents: D555,070 -

Holding: Defendants’ motion for partial summary judgment of non-infringement GRANTED.

Opinion:

Plaintiff, Pacific Coast Marine Windshields Limited, sued Malibu Boats, LLC et al. for infringement of U.S. Design Patent D555,070, entitled “Marine Windshield”. Malibu sells a line of boats called the WAKESETTER 20 MXZ, which feature a windshield with a hatch having three elongated rectangular vent holes along the sides.

At the time the ‘070 patent application was filed, it contained twelve different patent drawings. The Patent Examiner determined that the twelve drawings included five patentably distinct designs and required the patentee to select one group for prosecution....