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PISTON LAKE CRUISER

BAD KITTY COURT RULING

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BRP Wins Lawsuit; Injunction Halts Sale Of Cat Sleds In Canada

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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.

About BRP
We are a global leader in the world of powersports vehicles, propulsion systems and boats, built on over 75 years of ingenuity and intensive consumer focus. Our portfolio of industry-leading and distinctive products includes Ski-Doo and Lynx snowmobiles, Sea-Doo watercraft, Can-Am on- and off-road vehicles, Alumacraft, Manitou, Quintrex, Stacer and Savage boats, Evinrude and Rotax marine propulsion systems as well as Rotax engines for karts, motorcycles and recreational aircraft. We complete our lines of products with a dedicated parts, accessories and apparel business to fully enhance the riding experience. With annual sales of CA$6.1 billion from over 120 countries, our global workforce is made up of approximately 12,600 driven, resourceful people.

www.brp.com
@BRPNews

Ski-Doo, Lynx, Sea-Doo, Can-Am, Rotax, Evinrude, Manitou, Alumacraft, Quintrex, Stacer, Savage and the BRP logo are trademarks of Bombardier Recreational Products Inc. or its affiliates. All other trademarks are the property of their respective owners.

 
Edited by PISTON LAKE CRUISER
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The above was posted on the Timmins S.C. Facebook page and they got it from a  Sledcor Mulisha member

Edited by PISTON LAKE CRUISER

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Just finished reading it on snow goer... see it was posted already lol 

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My Cat dealer is well connected and the factory has apparently launched an appeal today and have told dealers that they will continue to ship/sell sleds in Canada like normal.  

 

 

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Bro' just fired it off to me as well.

 

Does Cat have any 'tech' that BRP would want to 'borrow'?

 

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BRP and Polaris both stole the Torque Sensing Link that was invented and patented by Kirk Hibbert.   You can see an example of this dastardly theft on the top rear tunnel pivot of every R-motion suspension.  BRP is quite a hipocrit.

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A Canadian hypocrite.

And a Canadian ruling.

Bombardier, anyone?

 Just give them the $100 USD, and pass it on to the consumer.

Or eat it. 

Whatever.

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8-)......:icon_munching:........ 

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This from the same company that patented the angled stud on the carbide making their carbides more expensive 

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3 hours ago, Wildbill said:

This from the same company that patented the angled stud on the carbide making their carbides more expensive 

Not sure how you figure that. Checking the Royal catalog shows the Woodys TBIII carbides (which I used on my REV) are a hundred bucks a pair across all OEMs. No upcharge for the Pilot skis.

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14 hours ago, TURBO DOO said:

8-)......:icon_munching:........ 

 

How do I report this to a moderator, LOL.

 

Grrrrrr (all around). Spent Sunday sanding/staining a deck, Monday hunched over waxing a boat. Back hurts (time for a Doo couch?). 

 

__

 

As for OP, copying all around - as noted. Wonder if this was built into the Textron purchase price.

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The ruling seems a bit harsh.I could see maybe paying a royalty but not able to sell there sleds seems ridiculous .

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9 hours ago, Canuck said:

 

How do I report this to a moderator, LOL.

 

Grrrrrr (all around). Spent Sunday sanding/staining a deck, Monday hunched over waxing a boat. Back hurts (time for a Doo couch?). 

 

__

 

As for OP, copying all around - as noted. Wonder if this was built into the Textron purchase price.

8-)...:wavey:....

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Cheapest easiest fastest solution and almost certainly what will happen is a negotiated settlement and roylaty use moving forward or redesign away from the patent. Sucks to see this, but its a good sign that the courts are standing up for the law.

 

As for Kirk Hibbert, does he hold a patent? If so off to court he should go

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It says that the infringements started 12 years ago.

There can't be much time left on the patent at this point.

 

 

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2 minutes ago, crispy said:

As for Kirk Hibbert, does he hold a patent? If so off to court he should go

I think Cat would hold the patent with Hibbert's name as the inventer.  Probably sold for a dollar like is done here.  I looked for the patent but could not find it.  It would have been around 1996-97.  The link starts on 1997 ZR series sleds on the parts fische and is still used to this day. I bet the patent ran out by now.

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2 hours ago, crispy said:

Cheapest easiest fastest solution and almost certainly what will happen is a negotiated settlement and roylaty use moving forward or redesign away from the patent. Sucks to see this, but its a good sign that the courts are standing up for the law.

 

As for Kirk Hibbert, does he hold a patent? If so off to court he should go

That's why I asked if there was any Cat tech BRP might want to use. When BRP got slapped by its copying of Poo's rear coupling setup, BRP let them use RER.

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On 6/16/2020 at 10:29 AM, revrnd said:

Not sure how you figure that. Checking the Royal catalog shows the Woodys TBIII carbides (which I used on my REV) are a hundred bucks a pair across all OEMs. No upcharge for the Pilot skis.

dealer cost is different 

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1 minute ago, Wildbill said:

dealer cost is different 

 

Other than the TS Pilot 'blades' which if you look @ the mileage, isn't that unreasonable, I haven't bought BRP carbides in years.

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On 6/17/2020 at 9:43 AM, Big Pussy said:

I think Cat would hold the patent with Hibbert's name as the inventer.  Probably sold for a dollar like is done here.  I looked for the patent but could not find it.  It would have been around 1996-97.  The link starts on 1997 ZR series sleds on the parts fische and is still used to this day. I bet the patent ran out by now.

Hes probably too busy innovating to look back. Him, the Boivins, and Holtzman are another set of brilliant innovators

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On 6/17/2020 at 9:37 PM, revrnd said:

 

Other than the TS Pilot 'blades' which if you look @ the mileage, isn't that unreasonable, I haven't bought BRP carbides in years.

they patented the angled stud on a carbide 

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