Arctic Cat’s Patent Verdict Against Bombardier Properly Slashed

Feb. 19, 2020, 5:46 PM

Arctic Cat Inc.'s $46 million judgment in a patent dispute with Bombardier Recreational Products Inc. was properly reduced by $28 million because Arctic Cat didn’t mark its personal watercraft steering control patents, the Federal Circuit ruled.

Patent owners are required under federal law to mark their products as patented to give notice to would-be infringers. Arctic Cat, a Textron Inc. subsidiary, argued it wasn’t required to comply because Honda, which licensed its patents, stopped selling related products.

The U.S. Court of Appeals for the Federal Circuit disagreed, saying “the notice requirement to which a patentee is subjected cannot be switched ...

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