In its first post-Halo decision on willful
infringement, the US Court of Appeals for the Federal Circuit
unanimously affirmed the district court's award of enhanced
damages in WBIP LLC v. Kohler Co., Case Nos. 15-1038;
-1044 (Fed. Cir., July 19, 2016) (Moore, J). The panel concurrently
vacated and remanded the district court's denial of a permanent
injunction.
The patents-in-suit cover marine
engine exhaust systems that are designed to reduce carbon monoxide
emissions. WBIP owns the patents following assignment from its
parent entity, Westerbeke. Westerbeke and defendant Kohler are
competitors that both manufacture and sell marine generators for
houseboats. Prior to the claimed inventions, there was a known
problem with carbon monoxide poisonings on houseboats. The asserted
patents disclose technology that reduces the amount of carbon
monoxide released in the exhaust by using a particular catalyst and
electronic fuel injection. After applying for the
