Monday, December 22, 2014, 2:50 PM
By Kirk Watkins
Eagle Parts & Products, Inc. (“Eagle”), a Georgia corporation with its principal place of business in Augusta, Georgia, filed a patent infringement action on October 3, 2014 against Custom Golf Car Supply, Inc. (“Golf Car”), a North Carolina corporation, relating to U.S. Patent No. 7,380,860 (the ‘860 Patent) directed to a windshield fastening device, which issued on June 3, 2008.
The ‘860 Patent permits golf cart drivers to enjoy the protection of a full windshield or to fold the top half of the windshield down and enjoy the resulting wind flow as they speed from one tee to the next on the course of their choice. Figures from the ‘860 Patent illustrating how the device works are reproduced below:
Figure 3 on the left shows the attaching device for the fold down windshield. Figure 5 shows the device on the complete golf cart, with the numeral 60 referring to the windshield in both figures.
Eagle alleges that it has marked its covered products with Patent Pending until the patent published and, thereafter, marked its products with the specific patent number, thereby placing Golf Car on constructive notice of the patent. On information and belief, Eagle further alleges that Golf Car had actual notice of the ‘860 Patent from its issuance on June 3, 2008.
Eagle asserts infringement by three Acrylic Hinged models in the 6100 series and by one Flex-Fold Hinged model in the 6200 series of windshields.
Eagle seeks a permanent injunction, a finding of infringement, an accounting and damages, that Golf Car’s conduct be found willful justifying enhanced damages under 35 U.S.C. § 284, and that the Court find the case to be exceptional under 35 U.S.C. § 285 and award reasonable attorneys’ fees and expenses.
The case is Eagle Parts & Products, Inc. v. Custom Golf Car Supply, Inc., No. 1:14-cv-00189, filed in the U.S. District Court for the Southern District of Georgia, Augusta Division, on October 3, 2014, and assigned to U.S. District Judge J. Randall Hall.