Arctic Cat’s Patent Verdict Against Bombardier Reduced

Written February 26, 2020

The US Court of Appeals for the Federal Circuit on February 19, 2020, affirmed a $28 million reduction in Arctic Cat Inc.'s $46 million judgment in a patent dispute with Bombardier Recreational Products Inc. because Arctic Cat didn’t mark its personal watercraft steering control patents. Arctic Cat Inc. v. Bombardier Recreational Prods. Inc., Fed. Cir., No. 19-1080, 2/19/20.

Arctic Cat, the popular American brand of snowmobiles and all-terrain vehicles, sued in 2014, alleging Bombardier’s Sea-Doo products infringed its patents directed to thrust steering systems for personal watercraft.

A jury found Bombardier willfully infringed the patents and the court awarded Arctic Cat $46 million. After an earlier trip to the Federal Circuit, the trial court reduced the judgment to $18 million because patent owners are required under federal law to mark their products as patented to give notice to would-be infringers. The Federal Circuit affirmed, finding that Arctic Cat wasn’t entitled to damages for Bombardier’s infringement before Arctic Cat sued.