Arctic Cat, Inc v. Bombardier Recreational Products Inc., 2018 FCA 125

Justice Gauthier; Justice Gleason; Justice de Montigny - 2018-06-27

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Arctic Cat, Inc. and Arctic Cat Sales, Inc. (collectively Arctic Cat) appeal from the judgment of Justice Roy of the Federal Court (2016 FC 1047) dismissing their action for infringement against Bombardier Recreational Products Inc. (Bombardier) with respect to Canadian Patent No. 2,322,738 (the 738 Patent). ... In our view, the obviousness argument fails as we see no reviewable error in the Federal Court’s treatment of this issue, which rests to a large extent on its appreciation of the expert testimony and prior art. We are satisfied that the Federal Court understood the inventive concept of the 738 Patent and made no palpable and overriding error in assessing whether there were any inventive differences between it and the prior art as considered in light of the relevant common general knowledge.

Decision relates to:


Canadian Intellectual Property