Help With Boat Identity.

[nipper]

Oops, actually I have had to cut it into 4 parts. This is last part.


INFRINGEMENT


Defendant's hull is powered by a ‘stern drive’ or ‘inboard-outboard’ engine, which came into use after the invention of the Hunt hull. This type engine weighs approximately three times more than an outboard. Being installed inside the boat near the waterline and at the stern, it causes radically different loading characteristics from either (1) an outboard engine, which, in addition to being much lighter, is mounted on the gunwale, or (2) a conventional inboard engine mounted amidships. Thus, the deeper riding characteristic of the Fibra hull is controlled by the weight and position of the engine and other loading of the hull.


The slight variation in the straight run of the ‘V’ bottom of the Fibra hull at the transom, if any, is minimal and insignificant.


Each element of Claim 4 of the Hunt patented hull would read squarely on defendant's hull if the accused hull were powered by an outboard engine or an inboard engine mounted amidships. In fact the evidence shows that the Hunt hull reads squarely on the accused hull even with its inboard-outboard engine when trimmed to ride level at rest. The mode of operation of the accused hull and the results obtained are the same as in the patented hull.


Infringement of a patent exists where the accused device and the disclosure of the patent in suit are substantially identical in mode of operation and results accomplished; that is, it produces*1152 substantially the same effect in substantially the same way as that taught in the patent. Graver Tank & Mfg. Co., Inc., v. Linde Air Products Co., 1950, 339 U.S. 605, 70 S.Ct. 854, 94 L.Ed. 1097; Merrill v. Builders Ornamental Iron Co., 10 Cir. 1952, 197 F.2d 16.


CONCLUSIONS OF LAW


I.


The Court has jurisdiction of the parties and the subject matter of this cause.


II.


The plaintiff is the owner of United States Letters Patent Number 3,085,535 and all rights of recovery thereunder.


III.


[16] Claim 4 of United States Letters Patent Number 3,085,535 is novel, useful, and non-obvious, and therefore is valid.


IV.


The boat hull of the defendant infringes Claim 4 of United States Letters Patent Number 3,085,535.


V.


A final judgment on the issues of validity and infringement should be entered in favor of the plaintiff, Hunt Industries, Inc., a Massachusetts corporation, and against the defendant, Fibra Boats, Inc., a Florida corporation, enjoining the defendant, its officers, servants, agents, and those in privity with it from any further infringement of Claim 4 of the patent in suit.


VI.


This cause should be set down for further trial on the severed issues of damages and defendant's additional defenses.


FN1. ‘Deadrise angle’ means the angle which the bottom section makes to the horizontal; ‘chine’ means the juncture of the bottom with the top sides; ‘keel’ means the juncture of the two bottom planes; and ‘transom’ means the top side across the stern.
FN2. The ideal shape for efficiency and therefore speed in planing is a flat surface, as typified in slight variation by the hydroplanes which hold world water speed records. But deadrise must be introduced for seakindliness; that is, to reduce pounding and for ease of handling.
D.C.Fla. 1969
Hunt Industries, Inc. v. Fibra Boats, Inc.
299 F.Supp. 1145, 162 U.S.P.Q. 314

END OF DOCUMENT

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[drbarbara]

I guess I am the proud owner of the only "illegal" V20 in the site.

Thanks for the help into elucidating the apparently checkered past of this boat.

[bcmarinamanager]

WOW!! That is really interesting. It's funny, it only takes a 5% change in a design for it to be considered a "different" hull design. That's why we get so many look-a-likes such as Grady White and Sea Hunt, Boston Whaler and Edgewater, and so forth. Very interesting, and welcome to the site Dr. B.

[nipper]

I am not a patent lawyer, but my understanding is that patents only give the holder of the patent the exclusive right to the patented "thing" for 17 years. So, if the Hunt patent was obtained in 1969, it would have expired in 1986, and then anyone could copy the design, even exactly.

[randlemanboater]

Nice work Nipper....I think that a patent can be renewed each time it is going to expire, I wonder if they did.....we could start making them again ourselves!!!!!!!

[tsubaki]

Here is one in South Carolina. Trailer and parts could be worth it.
20' FIBERCRAFT, 302 Ford V8, Holley carb, needs starter, cellanoid, has tandem trlr $2K. call 843-227-8622