On April 21, the United States District Court for the Southern District of Florida found that DeAngelo Marine Exhaust willfully infringed on two of Marine Exhaust Systems, Inc.'s U.S. patents and that these patents are valid and enforceable. The court also awarded Marine Exhaust $92,804 in damages and agreed to consider additional losses, as well as possibly tripling the final amount.
In response, DeAngelo Marine Exhaust said it is appealing this decision to the Court of Appeals for the Federal Circuit, which is the sole appellate court for reviewing patent infringement decisions. "Our counsel have assured us that the jury’s verdict will not be allowed to stand based on prior art and other factors. In addition, at our request, the patents are being re-examined by the United States Patent and Trademark Office and in due course will, we believe, be held invalid by that Office. From our customers’ standpoint, the decision has no effect whatsoever on the products we manufacture,” said Mariano Soto, General Manager, DeAngelo Marine Exhaust.
