Arctic Cat Provides Some Clarity For Infringement Suits

Law360, New York (December 19, 2017, 11:30 AM EST) -- It has long been clear that the patentee bears the ultimate burden of pleading and proving compliance with Section 287(a)’s marking requirement if they hope to recover presuit damages for patent infringement. Maxwell v. Baker Inc, 86 F.3d 1098, 1111 (Fed. Cir. 1996). But who bears the initial burden of showing there were patented products for which marking was required? The Federal Circuit has left this question unanswered, and district courts have struggled to reach a consensus. This all changed with the Dec. 7, 2017, decision in Arctic Cat Inc. v. Bombardier Recreational Products Inc., where the Federal Circuit held that...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!