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post #1 of 10 Old 06-16-2016, 12:03 PM Thread Starter
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Arctic cat wins patent case

Arctic Cat won and received TRIPLE damages in patent case against BRP. I wonder if they will appeal? I wonder if they ever tried to buy or license the patents and at what cost.

Read the full story here:
Arctic Cat Awarded Triple Damages of $46.7 Million in Patent-Infringement Lawsuit Against Bombardier Recreational Products Inc. and BRP U.S. Inc. | Business Wire

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post #2 of 10 Old 06-26-2016, 09:34 PM
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I sent this to dadzr, the will appeal, they always do. They aren't gonna just write the check unless they have to and even then they will squawk about it

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post #3 of 10 Old 06-27-2016, 07:50 PM
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post #4 of 10 Old 07-01-2016, 10:43 PM
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Originally Posted by dadszr View Post
You sent it to me???


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yup but I think I sent it without the "s" in dadszr

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post #5 of 10 Old 07-02-2016, 02:53 AM
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Oh ok, it's possible I didn't receive anything.


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post #6 of 10 Old 08-07-2016, 09:52 AM
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Interesting that this suit came up so many years after Cat got out of the PWC business.
I have always enjoyed how Cat creates new innovation. Too bad they left the PWC business.

We stopped to eat and noticed other riders coming in with snow jammed in their helmets, jackets and gloves. They had snow everywhere. We looked out the door and couldn't see across the street. Six inches of snow fell while we ate a few burgers. That was the start of a great ride.
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post #7 of 10 Old 08-24-2016, 07:51 AM
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update
Quote:
Aug. 16 — Recreational vehicle maker Arctic Cat Inc. is entitled to even more damages on top of the $47 million award it won from rival Bombardier Recreational Products Inc., the U.S. District Court for the Southern District of Florida ruled Aug. 12 ( Arctic Cat Inc. v. Bombardier Recreational Prods., Inc. , 2016 BL 263827, S.D. Fla., No. 14-62369, 8/12/16 ).
The ruling, which appeared on the docket Aug. 15, increases the damages award by $1.5 million, and also calls for the parties to negotiate a royalty rate for future infringing sales.
In June, a jury found that some of BRP's Sea-Doo personal watercraft vehicles infringed two of Arctic Cat's patents (116 PTD, 6/16/16).
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The patents were U.S. Patent Nos. 6,568,969 and 6,793,545, which relate to safer steering technology for personal watercraft.
In deciding the damages, the jury set a royalty at $102.54 per infringing vehicle, covering nearly 152,000 vehicles. The court also ordered BRP to pay triple damages, because the patent infringement was willful.
The triple damages raised the initial award to nearly $47 million.
More Money

On Aug. 12, the court granted Arctic Cat's motion for supplemental damages, including the triple damages multiplier, for the nearly 5,000 infringing vehicles BRP sold since the earlier verdict, for an extra $1.5 million.
The court also ordered the parties to negotiate a royalty rate for future sales of infringing units until the expiration of the '545 patent. The negotiations should take into account the royalty setting factors outlined in Georgia-Pacific Corp. v. U.S. Plywood Corp. (S.D.N.Y. 1970), with $102.54 per unit as the floor for negotiations, the court said.
The court noted that it was within its power to set the royalty rate on its own, but denied Arctic Cat's request to do so, explaining that it was better for the parties to negotiate among themselves.
No More Arguments

In addition to deciding Arctic Cat's motions, the court also rejected BRP's motion for a judgment as a matter of law.
To win a motion for judgment as a matter of law, BRP had to prove that there was no evidentiary basis for a reasonable jury to reach its verdict. The court said that BRP did not meet this burden as its motion consisted largely of “repackaged arguments” that had already been rejected earlier in the case.
In particular, it said that BRP could not explain how the Supreme Court's decision in Halo Elecs., Inc. v. Pulse Elecs., Inc. (U.S. 2016), which came down shortly after trial ended and actually made it easier to get punitive damages against a losing party, would change the outcome.
Judge Beth Bloom decided the motions. Hagens Berman Sobol Shapiro LLP, Harke Clasby & Bushman LLP and Kutak Rock LLP represented Arctic Cat. Dinsmore & Shohl LLP and Rumberger Kirk & Caldwell represented BRP.
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post #8 of 10 Old 08-24-2016, 09:49 AM Thread Starter
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So I read the patents and if I'm understanding it correctly. It was written by lawyers. When you turn the steering the watercraft will apply more throttle if at idle to promote better steering and control. I didn't know the Sea Doo's did that. Does sound like a good safety feature because applying throttle in a emergence avoidance situation to steer is counter intuitive.


I'll bet they end up in court again about the royalty. I don't get why they thought they could get away with this. Would like to hear the BRP side of the arguement, because the courts seem to be fully on AC's side.

I wish they were still in the PWC business. The 600 sled motor in a small PWC would fun. Light and agile, unlike the gargantuan PWC's on the market now. It was meeting the emissions standards that force them out of the PWC business???? Everyone went 4S about 12 years ago.

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post #9 of 10 Old 11-16-2016, 03:17 PM
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post #10 of 10 Old 12-13-2016, 08:47 PM
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Must be why they are now charging for owners manuals! I downloaded a 96 manual for my 97 by accident last year. I went to download the 97 this year and they want like $20? now.
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