Arctic Cat Inc. v. Bombardier Recreational Products Inc.

 
APPEAL NO.
19-1080
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Lourie

Question(s) Presented

1. “On ‘proof that the infringer was notified of the infringement and continued to infringe thereafter,’ patentees are entitled to damages for infringing acts ‘occurring after such notice.’ 35 U.S.C. §287(a). Can a defendant’s own willful infringement be proof of ‘notice’ and ‘proof that the infringer was notified of the infringement’?”

2. “When a patentee or its licensee previously sold unmarked patented articles but stopped ‘making, offering for sale, or selling within the United States any patented article,’ does §287(a) limit damages for infringing acts occurring after those activities ended?”

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