Nescher

MEMORANDUM AND ORDER

This controversy began in November of 1970 when plaintiff Sidewinder Marine, Inc. (“Sidewinder”) filed suit against Sleekcraft Boats and Bruce Nescher (owner of Sleek-craft Boats) for infringement of Patent No. 219,118, a patent that Sidewinder held on the design of certain power boats. The patent relates only to the appearance of the boat, and does not involve any claims relating to its function or internal design. The parties settled this action, and pursuant to that settlement, this court entered a judgment on December 29, 1970, that permanently enjoined defendants from manufacturing any boats that fell within plaintiff’s patent.

On September 2, 1971, plaintiff filed a motion to cite defendants for contempt, alleging that after the issuance of the permanent injunction defendants had continued to manufacture a nearly identical boat. The parties also settled this dispute, and on January 29, 1973, the motion was dismissed pursuant to their stipulation. In this second settlement, Sidewinder agreed to license defendants, and defendants agreed to undertake the typical duties of a licensee, reporting each month the number and type of patented boats that…