Litigation
Untitled case
Active litigation1:25-cv-23581
Patents at issue (1)
Summary
An active patent infringement case involving US patent 12258111 in the Florida Southern District Court.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
This active patent infringement lawsuit, filed in the Florida Southern District Court, centers on allegations that several marine industry companies infringed a patent for a novel swivel mount for boat accessories. The plaintiff is Sea Swivel Inc., an operating company founded by inventor Mark S. Berta, Jr., who developed the "Sea Swivel" mount to enhance the deployment and stowage of trolling motors on boats. The defendants are Rhodan Marine Systems of Florida, LLC, a prominent trolling motor manufacturer, along with Dream Machine & Prototyping, LLC, and Shuttleslide LLC, all accused of selling competing swiveling trolling-motor mount designs. The core of the dispute involves U.S. Patent No. 12,258,111, titled "Swivel mounts for attaching and maneuvering accessories over the gunnel of a boat or any other mounting surface," which broadly covers swivel mounts for boating accessories, particularly those enabling a trolling motor to swivel perpendicularly to a boat's gunnel for easier deployment and stowage.
The case, numbered 1:25-cv-23581, is proceeding in the Miami Division of the Florida Southern District Court before District Judge Roy K. Altman, with Magistrate Judge Yeney Hernandez overseeing discovery. A jury trial is scheduled for March 22, 2027. This venue is significant given Florida's prominent role in the recreational boating industry. The litigation is notable as a "David vs. Goliath" narrative, pitting a sole inventor and his company against larger, more established marine manufacturers. A key procedural development is a related Post-Grant Review (PGR) proceeding at the Patent Trial and Appeal Board (PTAB), where defendant Shuttleslide, LLC has challenged claims 1-18 of U.S. Patent No. 12,258,111 for unpatentability under 35 U.S.C. §§ 102, 103, and 112. The outcome of both the district court case and the PTAB review is being closely watched, as it could have broader implications for patent protection and enforcement for smaller innovators in specialized marine equipment markets.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Here's a summary of the key legal developments and outcomes for the patent infringement litigation involving US Patent 12258111, case number 1:25-cv-23581 in the Florida Southern District Court, along with related PTAB proceedings:
Key Legal Developments and Outcome
1. Filing & Initial Pleadings
- Complaint Filed (2025-08-08): Sea Swivel Inc., a Florida Keys inventor's company, filed a patent infringement lawsuit in the Southern District of Florida, Case No. 1:25-cv-23581. The lawsuit accuses three competitors, including Rhodan Marine, Dream Machine & Prototyping, LLC, and Shuttleslide LLC, of copying its patented swiveling trolling-motor mount design. The patent at the center of the dispute is U.S. Patent No. 12,258,111, which was issued to Mark Berta in March 2025 and assigned to Sea Swivel Inc. Sea Swivel Inc. is seeking a permanent injunction against the sale of the allegedly infringing products, damages, attorneys' fees, and an accounting of profits.
- Defendants' Responses: As of October 9, 2025, the defendants had not yet filed responses to the complaint, with initial case management deadlines anticipated in the weeks following.
2. Pre-trial Motions of Substance
Details regarding any substantive pre-trial motions such as motions to dismiss, transfer, stay pending IPR, or summary judgment are not publicly available through the conducted searches.
3. Claim Construction (Markman) Outcomes
There is no publicly available information indicating that the case has reached the claim construction (Markman) stage or detailing any outcomes from such a hearing.
4. Discovery Milestones
No specific discovery milestones with strategic significance have been publicly reported. Initial case management deadlines for discovery were expected in the weeks following the complaint filing.
5. Trial Events, Verdict, and Post-Trial Motions
The case is active, and there is no public record of trial events, a verdict, or post-trial motions.
6. Settlement, Dismissal, Judgment, or Appeal
The case remains active litigation. There is no public record of a settlement, dismissal, judgment, or appeal as of the current date.
7. Parallel PTAB IPR/PGR Proceedings
- Post-Grant Review (PGR) Petition Filed (2025-09-25): Shuttleslide, LLC, one of the defendants in the district court case, filed a petition for Post-Grant Review (PGR2025-00089) against U.S. Patent No. 12,258,111 with the Patent Trial and Appeal Board (PTAB). Sea Swivel Inc. is identified as the patent owner.
- Challenged Claims and Grounds: The petition challenges claims 1-18 of the '111 patent. Shuttleslide, LLC argues that these claims are unpatentable under 35 U.S.C. §§ 102, 103, and 112. Specific grounds for unpatentability include anticipation by the "Grady-White Pivoting Trolling Motor Mount" and by "Gillespie" (Patent 6,684,558), and obviousness over "Gillespie in view of Hunziker" (Patent 11,584,495). The petitioner asserts that the '111 patent is eligible for post-grant review because it has an effective filing date of September 26, 2023, and the petition was filed within nine months of the patent's issue date of March 25, 2025.
- Effect on Litigation: The filing of the PGR indicates an effort by a defendant to challenge the validity of the asserted patent claims at the PTAB. The outcome of this PGR proceeding, specifically whether the PTAB institutes review and subsequently finds claims unpatentable, could significantly impact the district court litigation, potentially leading to a stay of the district court case or influencing settlement discussions. However, the current status or outcome of the PGR (e.g., institution decision) is not yet available.## Patent Litigation: Sea Swivel Inc. v. Rhodan Marine Systems of Florida, LLC et al. (1:25-cv-23581)
This report outlines the key legal developments in the active patent infringement case Sea Swivel Inc. v. Rhodan Marine Systems of Florida, LLC et al., Case No. 1:25-cv-23581, in the Florida Southern District Court, concerning U.S. Patent No. 12,258,111. A parallel Post-Grant Review (PGR) proceeding at the USPTO's Patent Trial and Appeal Board (PTAB) is also underway.
Key Legal Developments
1. Filing & Initial Pleadings
- Complaint Filed (2025-08-08): Plaintiff Sea Swivel Inc. initiated the patent infringement lawsuit in the Southern District of Florida. The complaint alleges that defendants Rhodan Marine Systems of Florida, LLC, Dream Machine & Prototyping, LLC, and Shuttleslide LLC infringed U.S. Patent No. 12,258,111. The patent, issued to Mark S. Berta, Jr. on March 25, 2025, and assigned to Sea Swivel Inc., covers "Swivel Mounts for Attaching and Maneuvering Accessories over the Gunnel of a Boat or any Other Mounting Surface," specifically targeting swiveling trolling-motor mount designs. Sea Swivel Inc. seeks a permanent injunction, damages, attorneys' fees, and an accounting of profits.
- Defendants' Responses: As of October 9, 2025, the defendants had not yet filed their responses to the complaint.
2. Pre-trial Motions of Substance
No public information regarding substantive pre-trial motions such as motions to dismiss, transfer, stay pending IPR/PGR, or summary judgment has been identified through available search results.
3. Claim Construction (Markman) Outcomes
There are no public records indicating that a Markman hearing has occurred or that a claim construction order has been issued in this case.
4. Discovery Milestones
Specific discovery milestones are not publicly detailed. Initial case management deadlines, which would include a schedule for discovery, were expected to be set in the weeks following the complaint's filing.
5. Trial Events, Verdict, and Post-Trial Motions
The case is still in its early stages of litigation, and no trial events, verdicts, or post-trial motions have been reported.
6. Settlement, Dismissal, Judgment, or Appeal
The litigation remains active. There is no public record of a settlement, dismissal, judgment, or appeal at this time.
7. Parallel PTAB IPR/PGR Proceedings
- Post-Grant Review (PGR) Petition Filed (2025-09-25): Defendant Shuttleslide, LLC filed a Post-Grant Review petition (PGR2025-00089) with the Patent Trial and Appeal Board (PTAB) challenging claims 1-18 of U.S. Patent No. 12,258,111.
- Grounds for Unpatentability: Shuttleslide, LLC asserts that the challenged claims are unpatentable under 35 U.S.C. §§ 102, 103, and 112. The petition specifically cites prior art including the "Grady-White Pivoting Trolling Motor Mount" and U.S. Patent No. 6,684,558 (Gillespie) for anticipation, and U.S. Patent No. 6,684,558 (Gillespie) in view of U.S. Patent No. 11,584,495 (Hunziker) for obviousness.
- PGR Eligibility: The petitioner states that the '111 patent is eligible for PGR as it is a first-to-file patent with an effective filing date of September 26, 2023, and the petition was filed within nine months of the patent's March 25, 2025 issue date.
- Effect on Litigation: The PTAB's decision on whether to institute a Post-Grant Review, and its subsequent findings on the patentability of the challenged claims, could have a significant impact on the district court litigation, potentially leading to a stay of the federal case or influencing settlement negotiations. The status of the PTAB's institution decision for PGR2025-00089 is not yet publicly available.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- EPGD Business Law
- Albert Sabater · lead counsel
- Millennial Law
- Anthony Bruno · corporate counsel
In the patent infringement case 1:25-cv-23581 in the Florida Southern District Court, the plaintiff, Sea Swivel Inc., is represented by the following counsel:
Albert Sabater
- Role: Lead Counsel
- Firm: EPGD Business Law, Miami, Florida (headquarters in Miami, with a mention of Coral Gables)
- Experience Note: Sabater is noted as lead counsel for Sea Swivel in this federal lawsuit concerning the infringement of U.S. Patent No. 12,258,111 for a swiveling trolling motor mount system.
Anthony Bruno
- Role: Corporate Counsel
- Firm: Millennial Law, Inc.
- Experience Note: Bruno acts as corporate counsel for Sea Swivel and recognized the flagship product as a breakthrough, anticipating infringement attempts. (Further specific patent litigation experience is not detailed in the provided search results).
As of the current information, the defendants have not yet filed responses to the complaint, and initial case management deadlines are expected in the coming weeks. There is also a related post-grant review request filed against US Patent No. 12,258,111 by Shuttle Slide, LLC with the Patent Trial and Appeal Board.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Widerman Malek
- Kelly Gatson Swartz · Lead Counsel
- Daniel Pierron · Back-Up Counsel
- In-house counsel
- Kevin Markow · Counsel of record
The available information indicates that the defendants in Sea Swivel Inc. v. Rhodan Marine Systems of Florida, LLC et al. (1:25-cv-23581) are represented by the following counsel:
For Rhodan Marine Systems of Florida, LLC, Dream Machine & Prototyping, LLC, and Shuttleslide LLC:
- Kevin Markow
- Role: Counsel of record.
- Firm: Not explicitly stated in the provided snippets, but he is listed as representing Dream Machine & Prototyping LLC (d/b/a T/6 Marine).
- Note on experience: No specific patent litigation experience or notable cases were found for Kevin Markow in the provided search results.
For Shuttleslide, LLC (in the related PTAB PGR proceeding):
- Kelly Gatson Swartz
- Role: Lead Counsel.
- Firm: Widerman Malek, Melbourne, FL.
- Note on experience: Named as lead counsel for Shuttleslide, LLC in the Post-Grant Review challenging claims of US Patent No. 12,258,111.
- Daniel Pierron
- Role: Back-Up Counsel.
- Firm: Widerman Malek, Melbourne, FL.
- Note on experience: Named as back-up counsel for Shuttleslide, LLC in the Post-Grant Review challenging claims of US Patent No. 12,258,111.
It's worth noting that a news release from August 8, 2025, from EPGD Business Law (representing the plaintiff, Sea Swivel Inc.) mentions that "Sea Swivel Reaches Settlement with Rhodan Marine in Patent Infringement Case." This suggests that Rhodan Marine Systems of Florida, LLC may no longer be an active defendant in the district court case or that their involvement has changed significantly. However, the other defendants, Dream Machine & Prototyping, LLC, and Shuttleslide LLC, are still listed as active in the district court case according to other sources, and Shuttleslide LLC is actively pursuing a Post-Grant Review at the PTAB. The latest available docket information retrieved for the case 1:25-cv-23581 on PacerMonitor is August 8, 2025, and on Justia Dockets is October 24, 2025. This might not reflect the most recent developments, such as the reported settlement with Rhodan Marine.