("Eagle"), a Georgia corporation with its principal place of business in Augusta, Georgia, filed a patent infringement action on October 3, 2014 against Custom Golf Car Supply, Inc. ("Golf Car"), a North Carolina corporation, relating to U.S. Patent No. 7,380,860 (the '860 Patent) directed to a windshield fastening device, which issued on June 3, 2008.
The '860 Patent permits golf cart
drivers to enjoy the protection of a full windshield or to fold the
top half of the windshield down and enjoy the resulting wind flow
as they speed from one tee to the next on the course of their
choice. Figures from
the '860 Patent illustrating how the device works are
reproduced below:
Figure 3 on the left shows the attaching
device for the fold down windshield. Figure 5 shows the device
on the complete golf cart, with the numeral 60 referring to
the windshield in both figures.
Eagle alleges that it has marked its
covered products with Patent Pending until the patent published
and, thereafter, marked its products with the specific patent
number, thereby placing Golf Car on constructive notice of the
patent. On
information and belief, Eagle further alleges that Golf Car had
actual notice of the '860 Patent from its issuance on June 3,
2008.
Eagle asserts infringement by three Acrylic
Hinged models in the 6100 series and by one Flex-Fold Hinged model
in the 6200 series of windshields.
Eagle seeks a permanent injunction, a
finding of infringement, an accounting and damages, that Golf
Car's conduct be found willful justifying enhanced damages
under 35 U.S.C. § 284, and that the Court find the case to be
exceptional under 35 U.S.C. § 285 and award reasonable
attorneys' fees and expenses.
The case is Eagle Parts & Products,
Inc. v. Custom Golf Car Supply, Inc., No. 1:14-cv-00189, filed
in the U.S. District Court for the Southern District of Georgia,
Augusta Division, on October 3, 2014, and assigned to U.S. District
Judge J. Randall Hall.
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