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Kutak Rock Client Secures Federal Circuit Win in Eight-Year Patent Litigation Fight

News | October 4, 2019

On September 20, after an eight-year patent litigation fight, the U.S. Court of Appeals for the Federal Circuit issued an Opinion affirming firm client Arctic Cat’s 2017 trial verdict against Bombardier Recreational Products Inc. (BRP) in the District of Minnesota.

The case, Bombardier Recreational Products Inc. and BRP US Inc. v. Arctic Cat Inc. and Arctic Cat Sales Inc., (D. Minn.), originally filed in 2011 by BRP, alleged that numerous model years of Arctic Cat’s snowmobiles infringed several BRP patents spanning different patent families, relating to snowmobile frame designs and rider positioning.  At the end of a three-week jury trial in December 2017, the jury’s verdict found the asserted patents invalid on multiple grounds.Based upon the verdict and another previous trial victory for Arctic Cat, Kutak Rock was recognized as a 2019 Attorney of the Year by Minnesota Lawyer

Kutak Rock attorneys Niall MacLeod, Aaron Myers and Diane Peterson, from the firm’s Minneapolis office, led the trial team, with assistance from Frederick H. Davis of the firm’s Little Rock office and Jacob Song of the firm’s Irvine/Los Angeles offices.  Jennifer Gauwitz provided paralegal and trial support. 

The same Kutak Rock team also represented Arctic Cat on appeal, with Niall MacLeod delivering the oral argument for Arctic Cat.