Broussard v. Go-Devil Mfg. Co. of La., Inc., Civil Action No. 3:08–cv–00124–BAJ–RLB, 3:08–cv–00125–BAJ–RLB.
| Decision Date | 09 July 2014 |
| Docket Number | Civil Action No. 3:08–cv–00124–BAJ–RLB, 3:08–cv–00125–BAJ–RLB. |
| Citation | 29 F.Supp.3d 753 |
| Court | U.S. District Court — Middle District of Louisiana |
| Parties | Kyle BROUSSARD, et al. v. GO–DEVIL MANUFACTURING CO. OF LA., INC. d/b/a Go–Devil Manufacturers of Louisiana, Inc. |
Joel W. Mohrman, Anderson L. Cao, McGlinchey Stafford, Houston, TX, Juston M. O'Brien, McGlinchey Stafford PLLC, Baton Rouge, LA, for Kyle Broussard.
Fredrick R. Tulley, John P. Murrill, Robin P. Toups, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Go–Devil Manufacturing Co. of La., Inc. d/b/a Go–Devil Manufacturers of Louisiana, Inc.
RULING AND ORDER
In this consolidated patent infringement action,1 Plaintiff Gator Tail, LLC alleges that certain boat motors produced by Defendants Go–Devil Manufacturing Co. of La., Inc. and Mud Buddy, LLC infringe the asserted claims of the patents-in-suit. (08–cv–00124 Doc. 20; 08–cv–00125 Doc. 1). On January 27 through January 31, 2014 the court held a three-day bench trial limited to the issue of patent validity. (See 08–cv–00124 Doc. 95 at p. 2; see also Docs. 121, 123). Presently before the Court are the parties' post-trial proposed findings of fact and conclusions of law concerning the validity of the patents-in-suit. (08–cv–00124 Doc. 124, 125, 130, 131; 08–cv–00125 Docs. 139, 140, 144, 145).
Pursuant to Federal Rule of Civil Procedure (“Rule”) 52(a), and after having considered the entire record in this case and the applicable law, the Court concludes: (1) all asserted claims of the patents-in-suit are invalid due to obviousness; (2) United States Patent Number 7,052,340 is invalid due to lack of written description; and (3) Claims 1, 8, and 14 of United States Patent Number 7,052,340, and Claim 1 of United States Patent Number 7,297,035 are each invalid due to lack of definiteness. These findings of fact and conclusions of law are set forth in further detail below.
1. Plaintiff and Counter Defendant Kyle Broussard (“Mr. Broussard”) is a Louisiana resident residing at 2402 Terre Ruelle, New Iberia, Louisiana 70563. (08–cv–00125 Doc. 1 at ¶ 4).
2. Plaintiff and Counter Defendant Gator Tail, LLC (“Gator Tail”) is a Louisiana limited liability company with its principal place of business at 306 Broussard Road, Loreauville, Louisiana 70552. (08–cv–00124 Doc. 96–1 at ¶ 1).
3. Mr. Broussard founded Gator Tail while completing his degree in mechanical engineering at the University of Louisiana. (Id. at ¶ 15).
4. Gator Tail designs, builds, and sells outboard boat motors usable in shallow water, and is the owner of certain patents related to such motors. (Id. at ¶ 2, 7, 14).
5. Where appropriate, Mr. Broussard and Gator Tail will be collectively referred to as “Plaintiffs.”
6. Defendant and Counter Claimant Go–Devil Manufacturing Co. of Louisiana, LLC (“Go–Devil”) is the successor to Go–Devil Manufacturing Co. of Louisiana, Inc., and is a Louisiana limited liability company with its principal place of business at 18649 Womack Road, Baton Rouge, Louisiana 70817. (Id. at ¶¶ 9–10).
7. Go–Devil manufactures and sells outboard boat motors usable in shallow waters, as well as blinds, custom boats, and boating accessories. (Id. at ¶ 13).
8. At all times material hereto, Go–Devil has done, and continues to do business in the Middle District of Louisiana. (Id. at ¶ 14).
9. Defendant and Counter Claimant Mud Buddy, LLC d/b/a Mud Buddy Manufacturing (“Mud Buddy”) is a Utah corporation with its principal place of business at 7956 South, 1530 West, West Jordan, Utah 84088. (Id. at ¶ 8).
10. Mud Buddy manufactures and sells outboard boat motors usable in shallow waters, as well as blinds, custom boats, and boating accessories. (Id. at ¶ 11).
11. At all times material hereto, Mud Buddy has done, and continues to do business in the Middle District of Louisiana. (Id. at ¶ 12).
12. Where appropriate, Go–Devil and Mud Buddy will be collectively referred to as “Defendants.”
13. The Court has subject matter jurisdiction, as well as personal jurisdiction over all parties.
14. Plaintiff Gator Tail and Defendants Go–Devil and Mud Buddy are each manufacturers of “mud motors,” (see Trial Transcript, Vol. I, Jan. 27, 2014 (hereinafter “Transcript Vol. I”) at p. 99)—i.e., “outboard air-cooled motors, apparatuses, and assemblies for use on boats in shallow water and muddy environments,” (Doc. 82 at p. 3; see also Doc. 96–1 at ¶¶ 11, 13, 15). Such motors are used primarily for hunting and fishing.3
15. Prior to the early 2000s, the mud motor market was dominated by “long-tail” mud motors, (see Trial Transcript, Vol. III, Jan. 31, 2014 (hereinafter “Transcript Vol. III”) at p. 130), so-named because the drive shaft connecting the motor's engine to its propeller was upwards of six feet long, causing the propeller to extend a considerable distance behind the transom of the boat on which the motor is mounted. (See Transcript Vol. I at pp. 121–22).
16. Long-tail mud motors continue to be manufactured and sold. (Transcript Vol. III at p. 145).
17. However, in the last decade, consumers have increasingly switched to “surface-drive” (or “short-tail”) mud motors, which achieve certain advantages over the traditional long-tail motor, such as greater horsepower, speed, and maneuverability. (See Transcript Vol. III at pp. 144–46).
18. Plaintiffs are the owners of certain patents related to surface-drive/short-tail mud motors. (See Gator Tail Ex. 1; Gator Tail Ex. 2).
1. United States Patent Number 7,052,340
19. United States Patent Number 7,052,340 (“the '340 Patent”), entitled “Method and Apparatus for Air Cooled Outboad [sic] Motor for Small Marine Craft,” naming Kyle Broussard as inventor, was issued on May 30, 2006, based on an application filed on September 15, 2003. (Gator Tail Ex. 1 at 0652).
20. The '340 Patent arises out of a provisional application filed September 17, 2002. (Id. ).
2. United States Patent Number 7,297,035
21. United States Patent Number 7,297,035 (“the '035 Patent”), entitled “Marine Craft Adapted for Shallow Water Operation,” naming Kyle Broussard as inventor, was issued on November 20, 2007, based on an application filed on May 22, 2006. (Gator Tail Ex. 2 at p. 01838).
22. The '035 Patent is a continuation-in-part of the '340 Patent. (Id. ).
23. Plaintiff Gator Tail is the assignee of the '340 and '035 Patents. (Doc. 96–1 at ¶ 2).5
24. The '340 and '035 Patents each describe substantially the same invention, specifically:
A relatively high horsepower air-cooled engine in one embodiment of this invention is adapted to an efficient belt drive assembly capable of being transom mounted to small flat bottom boats in much the same manner as conventional outboard engines. The drive is equipped with a lower drive shaft that does not extend below the bottom of the boat but extends a sufficient distance behind the boat to insure contact with the water for conventional propulsion. A unique pivotal arrangement allows the engine and drive assembly to be positioned for proper angle of attack when the propeller is in contact with mud and vegetation below the bottom of the boat. This arrangement allows for a much shorter turning radius than can be achieved by the related prior art transom mounted mud motor systems. The engine mount includes incremental tilt positioning capability and a pivotal horizontal steering handle. The propeller is capable of providing propulsion when in contact with solids such as mud and vegetation, and provides relatively fast hull speed in deep water. A clutch is provided to disengage the engine from the drive and an electric drive motor is provided in contact with the belt drive for turning the drive in a reverse direction.
(Gator Tail Ex. 2 at p. 01852 ('035 Patent, “Summary of Invention”); see also Gator Tail Ex. 1 at p. 0657 ('340 Patent, “Summary of Invention”)).
25. Selected renderings of the '340 Patent. (Gator Tail Ex. 1 at p. 0654)
26. Rendering of the '035 Patent. (Gator Tail Ex. 2 at p. 01840).
27. Plaintiffs assert that Defendants' products “infringe[ ] claims 1, 3–9, and 11–13 of the '340 patent.” (08–cv–00124 Doc. 54 at p. 1 n. 1; 08–cv–00125 Doc. 45 at p. 1 n. 1 (same)).
28. Further, Plaintiffs assert that Defendants' products “infringe[ ] claims 1, 3–7, and 9–13 of the '035 patent.” (08–cv–00124 Doc. 54 at p. 1 n. 2; 08–cv–00125 Doc. 45 at p. 1 n. 2 (same)).
29. Claim 1 of the '340 Patent reads:
A portable drive assembly having means for temporary attachment to the transom of a shallow draft watercraft said portable drive assembly comprising an elongated drive housing enclosing an upper drive assembly a lower driven assembly and a timing belt connecting said upper drive assembly to said lower driven assembly, an engine mounting plate attached externally to said drive housing located adjacent said upper drive assembly perpendicular to said drive housing said lower driven assembly further comprising a propeller shaft partially enclosed within a shaft housing attached to said drive housing adjacent said driven assembly extending at least 12 inches beyond said drive housing and a propeller attached to said propeller shaft.
30. Claim 3 of the '340 Patent reads: “The portable drive assembly according to claim wherein said drive system further comprises steering and throttle controls.” (Id. ).
31. Claim 4 of the '340 Patent reads:
The portable drive assembly according to claim wherein said propeller shaft assembly further comprises a shaft housing having a vertical triangular fin located below said shaft housing, a shaft supported adjacent each end by thrust bearings in a manner whereby said shaft extends beyond each of said thrust bearings and a plurality of internal seals located along said shaft outboard of said thrust bearings.
(Id. ).
32. Claim 5 of the '340 Patent reads: “The portable...
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