MINNEAPOLIS, Minn. - Polaris Industries Inc. on Dec. 20 filed a suit against Thief River Falls, Minn.-based Arctic Cat, stating that its Wildcat SxS vehicles infringe on a Polaris patent filed in 2006 and which the U.S. Patent and Trademark Office granted to Polaris earlier this month.
U.S. Patent No. 8,596,405 for Side-By-Side ATVs -- informally known as the "405 patent" -- had been filed several years ago, was updated in 2010 and on Dec. 3 was issued to Polaris.
Read the full text of Patent No. 8,596,405 HERE.
On Dec. 20 Polaris accused Arctic Cat of infringing on the 405 patent by continuing to manufacture and sell specifically the Wildcat SxS vehicles after it was notified by Polaris on Dec. 3 that Polaris had been granted the patent.
"Defendant has had actual knowledge of the '405 patent since at least December 3, 2013, and its infringement of this patent is and continues to be willful and deliberate," the complaint states. "Polaris has been damaged by Defendant's infringement of the '405 patent and will continue to be damaged in the future unless Defendant is permanently enjoined from infringing the '405 patent."
Polaris seeks damages for willful infringement, plus court and attorneys' costs. The complaint, filed by counsel at Merchant & Gould in Minneapolis with the U.S. District Court in Minnesota, requests a jury trial.
Calls to Polaris and Arctic Cat were not returned at press time.