Platinum Contributing Member Skidooski Posted June 15, 2020 Platinum Contributing Member Share Posted June 15, 2020 So Cat got caught copying Doo Quote A ruling in a long-standing legal dispute between Ski-Doo’s parent company BRP and Arctic Cat over allegations of patent infringement was announced today in Canada — with some startling results. According to the press release issued by BRP this afternoon, the Federal Court of Canada found that Arctic Cat did infringe on Ski-Doo’s frame patent when it came out with the ProCross/ProClimb chassis starting in 2012, as well as designs previous to that. As a part of the ruling, according to the press release, the Court, “issued a permanent injunction ordering Arctic Cat and its Canadian dealers to stop the sale, use and distribution of any snowmobile which would infringe BRP’s frame patent.” Considering the ProCross subframe is found beneath pretty much every full-sized snowmobile that Arctic Cat builds, that’s pretty impactful. Arctic Cat also builds the vast majority of Yamaha’s snowmobiles based on that same chassis. No word yet on if and how that will work into the equation. The ruling also calls on Arctic Cat to pay BRP a royalty of $135 in Canadian dollars for every snowmobile built that infringes on the patent since model year 2008. The 2008 timing is picked because the earliest versions of what turned into the ProCross chassis were found on race sleds and the Sno Pro 500, which pre-dated the ProCross. Three years ago, the Federal Court of Canada ruled in Arctic Cat’s favor on a very similar lawsuit. Here’s a link to that story. Arctic Cat’s parent company Textron replied moments ago with this statement: “Arctic Cat Inc. respectfully disagrees with the court’s ruling. We will continue to provide service and support to our Canadian dealers and customers as we pursue further legal recourse in this matter, including appeals of the court’s decision and of any injunctions issued against the continued sale of our products in Canada. The ruling has no impact on sales through our U.S. dealers, distributors or retail outlets. We will have no further comment on this matter at this time.” Lawsuits between the snowmobile factories is not uncommon — and often they are settled through negotiations where one piece of exclusive technology will be “traded” in exchange for the dismissal of a lawsuit based on a different piece of technology. A ruling this strong, though, is unusual. With appeals likely and negotiations still a possibility, it’s highly unlikely that the final chapter on this story has been written, but today’s ruling on its face is shocking. This story just broke and we’re still trying to dig in for details, but for now here’s the full press release from BRP. Check back here for updates as we learn more. BRP Wins Lawsuit Against Arctic Cat in Canada The Federal Court of Canada handed BRP an important victory against its competitor Arctic Cat regarding BRP’s frame patent, which was at the heart of the Ski-Doo REV revolution; The Federal Court of Canada issued a permanent injunction prohibiting the sale, use and distribution of all Arctic Cat snowmobiles in Canada that infringe BRP’s Canadian patent; The effective date of the permanent injunction is set for July 6, 2020; The Court also ordered Arctic Cat to pay BRP a royalty of CA$135 per unit that infringes the frame patent since MY2008. VALCOURT, Quebec, June 15, 2020 (GLOBE NEWSWIRE) — BRP (TSX: DOO; NASDAQ: DOOO) announced today that the Federal Court of Canada has rendered a decision favorable to BRP in a lawsuit launched in December 2011 against Arctic Cat, where BRP argued that Arctic Cat infringed certain of its patents related to BRP’s revolutionary Ski-Doo REV snowmobiles. Snowmobile enthusiasts will remember the launch of the Ski-Doo REV in 2002, which completely revolutionized the rider experience with its aggressive, sporty forward positioning of the driver and strong, lightweight frame. “I couldn’t be more pleased with the decision of the Federal Court of Canada,” said Martin Langelier, Senior Vice President, General Counsel & Public Affairs at BRP. “Innovation is part of our DNA and today our ingenuity, which makes our company and products unique, is recognized and protected against intellectual property violation. The REV platform was and is still a game-changer in the snowmobiling industry and to have it protected in Canada is an important win,” concluded Langelier. The Federal Court of Canada issued a permanent injunction ordering Arctic Cat and its Canadian dealers to stop the sale, use and distribution of any snowmobile which would infringe BRP’s frame patent. It also ordered Arctic Cat to pay BRP a royalty of CA$135 per unit that infringes the frame patent since MY2008. The effective date of the permanent injunction is set for July 6, 2020. https://snowgoer.com/top-stories/brp-wins-lawsuit-injunction-makes-sale-of-cat-sleds-illegal-in-canada/28698/?fbclid=IwAR1fQr2xmC78QtL91UkX7A73xOh3xqauAC1BlmG-H0am8GxG3WKPZn7v4-s Quote Link to comment Share on other sites More sharing options...
Ez ryder Posted June 15, 2020 Share Posted June 15, 2020 that could be a very slippery slope for brp . if cat wanted to play that game Quote Link to comment Share on other sites More sharing options...
Anler Posted June 15, 2020 Share Posted June 15, 2020 Rod Johnson really likes his 2008 xp! 4 Quote Link to comment Share on other sites More sharing options...
Mainecat Posted June 15, 2020 Share Posted June 15, 2020 28 minutes ago, Ez ryder said: that could be a very slippery slope for brp . if cat wanted to play that game Cat could come out ahead. Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member Skidooski Posted June 15, 2020 Author Platinum Contributing Member Share Posted June 15, 2020 27 minutes ago, Anler said: Rod Johnson really likes his 2008 xp! That's what made me laugh too. "REV's haven't changed since 2003" stuff Quote Link to comment Share on other sites More sharing options...
Kev144 Posted June 15, 2020 Share Posted June 15, 2020 Quote Link to comment Share on other sites More sharing options...
Ez ryder Posted June 15, 2020 Share Posted June 15, 2020 13 minutes ago, Mainecat said: Cat could come out ahead. for sure Quote Link to comment Share on other sites More sharing options...
awful knawful Posted June 15, 2020 Share Posted June 15, 2020 (edited) Right in the bum! Just how the Cattards like it! Edited June 15, 2020 by awful knawful Quote Link to comment Share on other sites More sharing options...
awful knawful Posted June 15, 2020 Share Posted June 15, 2020 48 minutes ago, Ez ryder said: that could be a very slippery slope for brp . if cat wanted to play that game 19 minutes ago, Mainecat said: Cat could come out ahead. 5 minutes ago, Ez ryder said: for sure Explain Quote Link to comment Share on other sites More sharing options...
racinfarmer Posted June 16, 2020 Share Posted June 16, 2020 It is like suing over the use of a-arm front ends. Quote Link to comment Share on other sites More sharing options...
CaddisFly Posted June 16, 2020 Share Posted June 16, 2020 Design patents last fourteen years. Did Doo start using A-arms after Cat's patents had expired? Did Cat start using a Doo-type frame after Doo's patents expired? Quote Link to comment Share on other sites More sharing options...
spin_dry Posted June 16, 2020 Share Posted June 16, 2020 BRP will settle for some type of monetary settlement or the use of some kind of cat tech. Polaris sued BRP for them stealing the coupling block idea on the rear suspension. In turn BRP granted Polaris the use of reverse rotational 2 stroke technology. Quote Link to comment Share on other sites More sharing options...
FrankieJames7 Posted June 16, 2020 Share Posted June 16, 2020 Quote Link to comment Share on other sites More sharing options...
Ez ryder Posted June 16, 2020 Share Posted June 16, 2020 3 hours ago, awful knawful said: Explain the list is long and dated Quote Link to comment Share on other sites More sharing options...
awful knawful Posted June 16, 2020 Share Posted June 16, 2020 6 hours ago, Ez ryder said: the list is long and dated Just like the procross. irrelevant Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member Skidooski Posted June 16, 2020 Author Platinum Contributing Member Share Posted June 16, 2020 (edited) So when's the new chassis from Cat coming out? Edited June 16, 2020 by Skidooski Quote Link to comment Share on other sites More sharing options...
awful knawful Posted June 16, 2020 Share Posted June 16, 2020 55 minutes ago, Skidooski said: So when's the new chassis from Cat coming out? They'll be working on it now. May be a good thing. 1 Quote Link to comment Share on other sites More sharing options...
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