Decision

Bombardier Recreational Products Inc. v. Arctic Cat, Inc., 2020 FC 691

Justice Roy - 2020-06-15

Read full decision. Automatically generated summary:

A ten-week trial resulted in a 607-paragraph judgment (2017 FC 207). BRP alleged infringement of four of its patents by AC. The four patents all relate to snowmobiles. The first three patents claim a new configuration for a snowmobile, bringing the rider in a more forward position when sitting on a snowmobile. The fourth patent (264 Patent) relates to a frame assembly to be used for vehicles, including snowmobiles. ... This Court’s decision was appealed to the Federal Court of Appeal. The Court of Appeal (2018 FCA 172) did not disrupt this Court’s judgment concerning the three patents concerned with the so-called “Rider Forward Position” patents. However, it found fault with the part of the judgment concerning the 264 Patent, the one relating to the frame construction. ... It follows that this Court must now address the issue of the validity of the 264 Patent. If the patent is valid, then the Court will determine what remedies are appropriate in the circumstances.

Decision relates to:

 

Canadian Intellectual Property