WBIP prevails over Kohler at the CAFC

Kohler lost at the CAFC:


We affirm the court’s denial of judgment as a
matter of law on all issues raised by Kohler and its willful
infringement determination, vacate the court’s denial of
WBIP’s motion for a permanent injunction, and remand
for further consideration

(...)

For the foregoing reasons, we affirm the district
court’s denial of judgment as a matter of law that the
asserted claims would have been obvious and lack sufficient
written description and the willful infringement
determination. We vacate the district court’s denial of
WBIP’s motion for a permanent injunction, and remand
for further consideration.


The technology


Westerbeke Corporation1 and Kohler are competitors
who manufacture and sell marine generators (“gen-sets”)
that are used on houseboats to create electrical power for
appliances such as refrigerators and air conditioners.
Gen-sets have two main parts, an engine and a generator.
The exhaust from a typical engine in a gen-set, like any
gasoline-powered engine, contains carbon monoxide,
which can cause asphyxiation at certain concentrations.
Carbon monoxide is particularly dangerous on boats,
where the living quarters are confined in close proximity
to the engine.




link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1038.Opinion.7-15-2016.1.PDF