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PACIFIC COAST MARINE WINDSHIELDS v. MALIBU BOATS

No. 2013-1199.

739 F.3d 694 (2014)

PACIFIC COAST MARINE WINDSHIELDS LIMITED, Plaintiff-Appellant, v. MALIBU BOATS, LLC, and Tressmark, Inc., doing business as Liquid Sports Marine, Defendants-Appellees, and Marine Hardware, Inc., MH Windows, LLC, and John F. Pugh, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 8, 2014.

Attorney(s) appearing for the Case

Robert E. Rohde , Rohde & Van Kampen, PLLC, of Seattle, WA, argued for plaintiff-appellant.

Darin W. Snyder , O'Melveny & Myers LLP, of San Francisco, CA, argued for all defendants-appellees. With him on the brief for defendants-appellees, Malibu Boats, LLC, et al., were Brian Berliner and Steven Basileo , of Los Angeles, CA; and Jonathan D. Hacker and Deanna M. Rice , of Washington, DC. On the brief for defendants-appellees, Marine Hardware, Inc., et al., were Mark P. Walters and Dario A. Machleidt , Frommer Lawrence & Haug, LLP, of Seattle, WA, for Defendants-Appellees.

Before DYK, MAYER, and CHEN, Circuit Judges.

DYK, Circuit Judge.

Pacific Coast Marine Windshields Limited ("Pacific Coast") is the assignee of all rights in U.S. Patent No. D555,070 ("the `070 patent") for an ornamental boat windshield design. Pacific Coast brought suit against Malibu Boats, LLC, Marine Hardware, Inc., Tressmark, Inc., MH Windows, LLC, and John F. Pugh (collectively "Malibu Boats") in the Middle District of Florida, alleging infringement. The district court granted Malibu Boats' motion for summary...

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