Hydrodynamic Industrial Co. v. Green Max Distributors, Inc.
Opinion
Lead Opinion
Wright, J.
ORDER DENYING GREEN MAX’S MOTION FOR JUDGMENT AS A MATTER OF LAW [144]
I. INTRODUCTION
Before the Court is Defendant Green Max Distributors, Inc.’s motion for judgment as a matter of law on the issue of obviousness of the '385 Patent. For the reasons discussed below, the Court DENIES Green Max’s Motion, and directs the Clerk to enter Judgment on the Jury Verdict.
II. FACTUAL BACKGROUND
On June 11, 2012, Hydrodynamic Industrial Company, Ltd. filed suit against Green Max alleging infringement of U.S. Patent No. 6,848,385 (“the '385 Patent”). (ECF No. 1.) The '385 Patent relates to an underwater motive device known as a sea scooter. On November 5, 2013, the parties proceeded to a jury trial. After a four-day trial, the jury rendered a verdict that Green Max willfully infringed the '385 Patent, assessed damages of an ongoing royalty payment of $45,567.00, and declined to hold the '385 Patent invalid for obviousness. (ECF No. 132.) After trial, Green Max moved for Judgment as a Matter of Law on the issue of obviousness of the '385 Patent. (ECF No. 131.)
Underwater motive devices such as the sea scooter, as described by the '385 patent, have been around since the 1950s. ('385…