Chinese Co. Sued by Polaris Seeks Case Dismissal
Zhejiang CFMoto Power Company-the Chinese manufacturer that is being sued by Medina-based Polaris Industries over patent infringement-has asked U.S. District Judge Joan Ericksen to dismiss the case.
According to the complaint, which was filed by Polaris in October in U.S. District Court in Minnesota, CFMoto and its Plymouth-based division CFMoto Powersports, Inc., are manufacturing and selling a side-by-side off-road vehicle that infringes on a patent held by Polaris.
Polaris claims that it sent a cease-and-desist letter to CFMoto in February 2009 after it became aware that CFMoto was manufacturing and selling an off-road vehicle that was a “knock-off” of its Ranger RZR-one of Polaris' best-selling products.
Although it appeared that CFMoto “headed the warning and stopped infringing sales,” Polaris became aware of a second off-road vehicle model that infringed on its patent, prompting the company to send a second cease-and-desist letter to CFMoto in December 2009.
Despite the letters, Polaris claims that CFMoto continues to manufacture and sell an off-road vehicle that “infringes both Polaris's patent and Polaris's trade dress.”
“Polaris has been damaged by the defendants' infringement . . . and will continue to be damaged in the future unless defendants are permanently enjoined from infringing and inducing the infringement of said patent,” Polaris said in the suit.
Polaris is seeking a jury trial, unspecified damages, and court costs and fees. The company is also asking the court to prevent CFMoto from manufacturing and selling the vehicle in question.
Last week, a civil motion hearing was held, and CFMoto argued that the case be dismissed.
The company said in its motion that Polaris “has failed to properly plead and allege facts specific and sufficient enough” to back up its allegations.
A Friday afternoon phone call to a CFMoto representative was not immediately returned.
Polaris is among the state's 30-largest public companies based on revenue, which totaled $1.99 billion in 2010.