Patent Damages
18Jul/16Off

Southern District of Florida Finds Defendant Failed to Meet its Burden With Laches Defense

The Southern District of Florida, in Arctic Cat Inc. v. Bombardier Recreational Products, Inc., Case No. 14-cv-62369 (Judge Bloom) (May 31, 2016), denied Defendant’s Motion for Judgment as a Matter of Law on laches, and found Defendant had failed to meet its burden of proving the defense.

Defendant contended the doctrine of laches precluded Plaintiff’s recovery of post-filing damages.  The evidence during the Plaintiff’s case-in-chief showed that Plaintiff knew Defendant was selling personal watercrafts more than 10 years before Plaintiff filed suit.  Defendant argued that Plaintiff should be charged with constructive knowledge of Defendant’s sale of personal watercrafts with the accused technology because well over 6 years before suit was filed (a) Defendant openly distributed product information clearly disclosing the use of the accused technology; (b) operator’s guides and published articles were publically available clearly disclosing the use of the accused technology; and (c) Defendant’s website included product information saying its products included the accused technology.