Bombardier Recreational Products Inc. v. Arctic Cat, Inc., 2020 FC 946

Justice Roy - 2020-10-01

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The Federal Court of Appeal sent the matter of the validity of Canadian Patent 2,350,264 back to this Court (2018 FCA 172). On remand, this Court found the Patent valid and infringed (2020 FC 691). One of the remedies sought was for the imposition of a permanent injunction. The injunction was granted ... The Defendants and the Moving Parties wish to vary, supplement, modify or clarify the order in the case of the Defendants, and clarify, set aside or vary the order in the case of the Moving Parties. Both invoke rule 399 although the Defendants can only rely on rule 399(2), while the Moving Parties resort to rule 399(1). For the reasons that follow, the attempts fail. ... AC (and the Dealers) creates three categories of snowmobiles where it argues it can force BRP to accept a reasonable royalty instead of the enforcement of its monopoly through an injunction. ...There is nothing untoward about having an injunction apply to the Dealers in order to prevent further violations of the 264 Patent. Once put on notice, the dealers would deal with counterfeit snowmobiles at their risk and peril.

Decision relates to:



Canadian Intellectual Property