Arctic Cat Inc. v. Bombardier Recreational Products Inc., 2016 FC 1047

Justice Roy - 2016-09-16

Read full decision. Automatically generated summary:

This action for infringement is concerned with some claims found in Canadian Patent No 2,322,738. In essence, Arctic Cat allege that four engines, used by Bombardier Recreational Products Inc. (BRP) in more than 125 000 snowmobiles sold in Canada in the last few years, infringe one or more of five asserted claims. The Defendant argues that it does not practice the Patent-in-suit. Even if it did, it would argue that the 738 Patent would have to be invalid for anticipation (lack of novelty) or obviousness (lack of inventiveness), is overbroad and the person presented as the inventor is not, such that the Plaintiffs as the assignees do not have the standing required to enforce the Patent. As for appropriate damages if a valid claim has been infringed, the parties remain at a considerable distance from one another. The trial took place over a period of 25 days.

Decision relates to:


Canadian Intellectual Property