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October 06, 2011, 10:35:58 PM
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pete

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Bennett marine wins lawsuit against Lenco
« on: October 06, 2011, 10:35:58 PM »
http://www.tradeonlytoday.com/home/5165 ... nt-lawsuit

Bennett is serious about protecting it patents! :salut:

Bennett Marine wins patent lawsuit
Posted on 06 October 2011 ShareThis   Share Trim tab manufacturer Bennett Marine was awarded judgments totaling more than $250,000 from Lenco Marine, company president Richard DeVito Jr., and Rinker Boats in a patent infringement case dating from 2004.


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Last week, a U.S. District Court judge in the Southern District of Florida ordered Lenco Marine and DeVito to pay $248,858 and Rinker to pay $27,680 to Bennett Marine.

Rinker was found liable for direct infringement of U.S. patent No. 5,113,780. Lenco Marine and DeVito were found liable for inducement to infringe on the patent, and Lenco Marine was found liable for breaching a 2003 settlement agreement between the parties.

Rinker president Kim Slocum was also included in the lawsuit, but no judgment was issued against him.

The patent is for the auto tab retractor, a device that retracts the trim tabs when the boat’s ignition is turned to the off position. Bennett received the patent in 1992.

“What this ruling means is that product innovation is still protected and that patent infringement won’t be tolerated in this industry,” Bennett Marine president Blake Bennett said in a statement. “Our customers can feel confident about doing business with a company that stands behind its products and defends the competitive advantage these products provide.”

When Soundings Trade Only spoke with Bennett Marine in 2007, prior to the case going to trial in 2009, the company said it was seeking $10 million in damages and attorney’s fees. However, Bennett said Wednesday that he was pleased with the recent ruling.

“Since it was never our desire to sue anyone, the size of the judgment does not affect our satisfaction with the verdict,” he told Soundings Trade Only in an e-mail. “The ruling brings the case to an updated status, for which we are grateful. The findings of willful patent violation open the door for us to seek repayment of an astounding amount of legal fees that were invested in this case.”

DeVito was on vacation and could not be reached for comment, according to the person answering the phone at Lenco Marine. Additional calls for comment from the company were not returned. A spokesman for Rinker, which is owned by Nautic Global Group, said the company was not interested in commenting on the issue.

The court case follows a settlement agreement in 2003, when Lenco paid Bennett royalties and damages of more than $25,000 while not admitting infringement, according to court documents. As part of the settlement, Lenco was to advise boatbuilders not to wire the products to the ignition in order to prevent the builders from violating the patent.

“The court does find, however, that in 2006 Lenco began manufacturing and selling infringing devices which are designed to be wired through the tachometer gauge, thereby indirectly resulting in the trim tabs retracting upon removal of electrical power from the engine," court documents said.

“The court finds this conduct to constitute patent infringement. The court also finds that because of the design, manufacture and sale of these devices, which were developed for the specific purpose and intent of trying to circumvent the ‘780’ patent … Lenco induced infringement by Rinker and others,” court papers said.

The documents add that DeVito and Lenco assured customers that there was “no patent problem” and that Bennett’s claims were “not that huge of a deal.”

Court documents also show that in 2004 Lenco and Rinker entered into an indemnification agreement and that Rinker believed it was protected from suit.

“Since April 2007, Rinker has been wiring Lenco’s [auto tab retractor] to the tachometer [gauge] instead of the key switch as before, so that upon removal of power from the boat’s engine, the ATR still retracts,” according to court documents. “Thus, Lenco’s actions encouraged and induced Rinker …”

The court added, however, that lost profits were not an “appropriate measure” of damages for the case and rejected the testimony of Bennett’s damages expert.

“The court rejects Bennett’s contention that the royalty rate agreed to in the settlement agreement is a reasonable royalty rate,” the judge said in his decision. “The court concludes that the royalty rate contained in the settlement agreement is not a true reflection of market royalty rate since it was entered into under the threat of litigation. A reasonable royalty rate for any infringement by Lenco and Rinker is based on the discounted retail price of the ATR provided by Bennett to OEM boatbuilders.”

— Beth Rosenberg
2003  Osprey 225
Palm Bay FL

October 06, 2011, 10:56:07 PM
Reply #1

Circle Hooked

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Re: Bennett marine wins lawsuit against Lenco
« Reply #1 on: October 06, 2011, 10:56:07 PM »
Good stuff Pete,But i am a Bennett fan :D
Scott
1997 225 Explorer

October 07, 2011, 07:06:39 AM
Reply #2

Aswaff400

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Re: Bennett marine wins lawsuit against Lenco
« Reply #2 on: October 07, 2011, 07:06:39 AM »
Quote from: "Circle Hooked"
Good stuff Pete,But i am a Bennett fan :D

ditto :salut:
Aaron
1996 200 Osprey SOLD
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October 07, 2011, 08:15:26 AM
Reply #3

Blue Agave

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Re: Bennett marine wins lawsuit against Lenco
« Reply #3 on: October 07, 2011, 08:15:26 AM »
I prefer Lenco tabs, but I am all for the protection of patents.

Does anyone have this feature on their tabs?  I don't think it's something I would even consider.

1975 19-6
3.0 EFI Mercury 150 4S
"Don't count the days make the days count." - Muhammad Ali

October 07, 2011, 10:51:38 AM
Reply #4

Capt. Bob

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Re: Bennett marine wins lawsuit against Lenco
« Reply #4 on: October 07, 2011, 10:51:38 AM »
Quote from: "Blue Agave"

Does anyone have this feature on their tabs?  I don't think it's something I would even consider.

I have it.
One less thing to think about at the dock.

Not for everyone, as is with most things.
]
Capt. Bob
1991 210 Walkaround
2018 Yamaha 150 4 Stroke
"Reef or Madness IV"

October 07, 2011, 12:44:52 PM
Reply #5

TheKid

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Re: Bennett marine wins lawsuit against Lenco
« Reply #5 on: October 07, 2011, 12:44:52 PM »
I have the feature but not really sure I like it.

When doing start stops like drift fishing or anything else, you have to always return it to the same settings.

Settings....hmmmm.....they should have a memory setting too. That would compliment this feature very well for a complete well thought out system.

Sorry Bennett and Lenco, the paper is in the works. Patent coming.

Kidding of course. But wouldn't mind testing it out for you!!!!

October 07, 2011, 01:02:07 PM
Reply #6

seabob4

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Re: Bennett marine wins lawsuit against Lenco
« Reply #6 on: October 07, 2011, 01:02:07 PM »
My old boss testified in this case back in '05, I believe.  And while it clearly states in the Lenco manual NOT to use engine ignition as a source of power for there version of auto-retract, Lenco has always looked the other way...that, I can vouch for personally.

Some like the feature, some don't.  Personally, I think an indicator switch is more useful...


Corner of 520 and A1A...

October 07, 2011, 02:09:03 PM
Reply #7

pete

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Re: Bennett marine wins lawsuit against Lenco
« Reply #7 on: October 07, 2011, 02:09:03 PM »
Quote from: "Circle Hooked"
Good stuff Pete,But i am a Bennett fan :D


I'm also a Bennett fan,great product,great customer service.Came across this while web surfing,looked like some thing others would be interesed in.......... :salut:
2003  Osprey 225
Palm Bay FL

October 07, 2011, 03:32:00 PM
Reply #8

Capt. Bob

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Re: Bennett marine wins lawsuit against Lenco
« Reply #8 on: October 07, 2011, 03:32:00 PM »
Quote from: "TheKid"
I have the feature but not really sure I like it.

When doing start stops like drift fishing or anything else, you have to always return it to the same settings.

This is true, especially if the settings you use to get up on a plane are the same as when you're running.
My personal experience for both my 222CCP and my 210 WAC has/is been that planing settings are not the same as fully trimmed settings at speed. If on the other hand, your boat is a "set it forget it" then it would be an annoying feature.

Quote from: "TheKid"
Settings....hmmmm.....they should have a memory setting too. That would compliment this feature very well for a complete well thought out system.

Give that man a cigar. :salut:
Using their Auto Tab system, you would set planing trim angle and and fully trimmed out (what they call setting "zero"). The Auto Tab system already has a memory so maybe it's a software upgrade.
Start motor (tabs have been fully retracted)
Press Auto Tab button twice to engage.
Tabs adjust to planing angle (preset) and then to full trim (again preset) based on speed and sea conditions.

I manually set the tabs after each start to get on a plane and then adjust or engage the Auto Tab feature dependent on distance and condition.

That's a great idea Kid. :thumleft:

Calling TabMan :idea:
]
Capt. Bob
1991 210 Walkaround
2018 Yamaha 150 4 Stroke
"Reef or Madness IV"

October 07, 2011, 05:16:00 PM
Reply #9

Capt Matt

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Re: Bennett marine wins lawsuit against Lenco
« Reply #9 on: October 07, 2011, 05:16:00 PM »
Love my 12X12 lennco's
Auto retract is Just one more thing to break,
Simple rocker switches and no brain box equals less problems in the long run
Capt Matt
www.captmattmitchell.com
Light tackle sportfishing

 


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