Airbus Helicopters S.A.S. v. Bell Helicopter Textron Canada Limited, 2019 FCA 29
Justice Pelletier; Justice Boivin; Justice de Montigny - 2019-02-11
Read full decision. Automatically generated summary:
This Court is seized with an appeal and a cross-appeal of a judgment of the Federal Court (per Justice Martineau), dated February 10, 2017 (Damages Judgment), amended March 2, 2017 (see 2017 FC 170), which determined the quantum of damages to be awarded to Airbus Helicopters S.A.S. (the appellant) resulting from the infringement by Bell Helicopter Textron Canada Limited (the respondent) of Canadian Patent No. 2,207,787 (the ‘787 Patent), as established in a prior decision (see 2012 FC 113; aff’d 2013 FCA 219). The Federal Court ordered the appellant to pay the respondent damages in the amount of $1,500,000, comprised of $500,000 in compensatory damages and $1,000,000 in punitive damages. Only the amount of the punitive award is challenged before this Court. For the following reasons, I am of the view that the $1,000,000 award of punitive damages should not be disturbed, as it is grounded in a correct interpretation of the applicable law and in a reasonable assessment of the facts.
Decision relates to:
- A-94-17 - AIRBUS HELICOPTERS S.A.S. c. BELL HELICOPTER TEXTRON CANADA LTÉE which is an appeal from 2017 FC 170 in T-737-08