Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
Nov. 6 — A patent dispute between Minnesota-based ATV rivals Polaris and Arctic Cat should be stayed pending review of the relevant patents in an administrative proceeding, the U.S. District Court for the District of Minnesota ruled Nov. 5.
Reversing an order by a U.S. magistrate judge, the court said that the parties had easily met the requirements for a stay.
Polaris Industries Inc. of Medina, Minn., is a designer and maker of snowmobiles and off-road vehicles. It holds several patents applying to “side-by-side all-terrain vehicles” that are related to its Wildcat series of ATVs.
Arctic Cat Inc. of Plymouth, Minn.—along with its affiliate Arctic Cat Sales Inc. of Thief River Falls, Minn.—is a competitor of Polaris. Polaris sued Arctic Cat, alleging infringement of the Wildcat patents.
In May, the district court consolidated the three cases, but the Patent Trial and Appeal Board of the Patent and Trademark Office had already in February instituted inter partes review of the claims of one of the patents. The PTAB's determination is due by February.
Arctic Cat then asked for inter partes review of two more patents, and a decision on institution of review of those patents is also due in February. Should those patents be reviewed, a decision would be due some time in 2017.
In August, both parties filed a stipulation with the court requesting a stay pending inter partes review before the PTAB. The motion was denied by a magistrate judge, who noted the length of time that the cases had been pending, and the parties appealed to the court.
• whether a stay will unduly prejudice or provide a tactical disadvantage to the non-moving party,
• whether a stay will simplify the issues in question, and
• whether the litigation is at an early stage.
The magistrate judge's denial of the joint motion was “clearly erroneous,” the court said, because all three of these factors weighed in favor of a stay.
The court said that the stay should be granted “but with the clear expectation that the parties are using the IPR process in good faith in order to narrow or resolve the consolidated cases, and not simply to prolong or obfuscate the litigation.”
The court's ruling was issued by Judge John R. Tunheim.
Polaris was represented by Carlson, Caspers, Vandenburgh, Lindquist & Schuman P.A., Minneapolis. Arctic Cat was represented by Fish & Richardson P.C., Minneapolis.
To contact the reporter on this story: Anandashankar Mazumdar in Washington at email@example.com
To contact the editor responsible for this story: Mike Wilczek in Washington at firstname.lastname@example.org
Text is available at: http://src.bna.com/XN.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)