Appeals Court Upholds Dismissal of Litigation Against Arctic Cat.Business Editors/Legal Writers THIEF RIVER FALLS, Minn.--(BUSINESS WIRE)--July 10, 2000 Arctic Cat Inc. (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on : ACAT ACAT See: Automated Customer Account Transfer ), announced today that the U.S. Court of Appeals for the 10th Circuit has affirmed a previous ruling by the U.S. District Court in Colorado dismissing a lawsuit filed by Injection Research Specialists, Inc., (IRS An abbreviation for the Internal Revenue Service, a federal agency charged with the responsibility of administering and enforcing internal revenue laws. ) and Pacer Industries, Inc., alleging misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any of trade secrets. Commenting on the appellate court's decision, Christopher A. Twomey, Arctic Cat's chief executive officer, stated: "From the outset, we believed that the claims against Arctic Cat were unfounded. In addition, the suit was brought too late and, consequently, barred by the statute of limitations A type of federal or state law that restricts the time within which legal proceedings may be brought. Statutes of limitations, which date back to early Roman Law, are a fundamental part of European and U.S. law. . We fully expected that the lower court's decision to dismiss the lawsuit would be upheld. We are pleased that the court has reaffirmed our position regarding this case." IRS and Pacer had previously obtained a judgment against another snowmobile maker and its engine manufacturer for misappropriation of trade secrets relating to electronic fuel injection (EFI See UEFI. EFI - Extensible Firmware Interface ) systems used on snowmobiles. In 1997, IRS and Pacer brought similar claims against Arctic Cat based on Arctic Cat's purchase of engines containing an EFI system from the same vendor. On December 11, 1998, the U.S. District Court for the District of Colorado granted summary judgment dismissing all claims against Arctic Cat. Arctic Cat Inc., based in Thief River Falls, Minn., designs, engineers, manufactures and markets snowmobiles and all-terrain vehicles (ATVs) under the Arctic Cat(R) brand name, as well as related parts, garments and accessories. Arctic Cat markets its products through a network of independent dealers located throughout the contiguous United States and Canada, and through distributors representing dealers in Alaska, Europe, the Middle East, Asia and other international markets. |
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