Arctic Cat Inc. v. Bombardier Recreational Products, Inc.

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Arctic Cat sued BRP for infringement of the 969 and 545 patents, which disclose a thrust steering system for personal watercraft propelled by jet stream. The district court rejected, as a matter of law, BRP’s argument that the asserted claims would have been obvious (35 U.S.C. 103), that Arctic Cat failed to mark patented products, that the jury’s royalty award was based on improper expert testimony, and that BRP did not willfully infringe the asserted claims. The court awarded treble damages and an ongoing royalty. The Federal Circuit affirmed as to obviousness, the jury’s royalty rate, willfulness, the awards of treble damages and an ongoing royalty. Substantial evidence of industry recognition and “long-felt need” supported a conclusion that a skilled artisan would not have “anticipated success” with the claimed combination. The court vacated as to marking, 35 U.S.C. 287(a), and remanded for further consideration limited to that issue. View "Arctic Cat Inc. v. Bombardier Recreational Products, Inc." on Justia Law