Arctic Cat, Inc. v. Bombardier Recreational Products Inc., 2020 FCA 116

Justice Rivoalen - 2020-07-06

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Arctic Cat, Inc. and Arctic Cat Sales Inc. (the appellants) move for a stay of the Judgment of the Federal Court issued on June 15, 2020 (per Justice Roy) (2020 FC 691) until this Court determines the appeal. ... It is significant to note that the injunction will only affect one model year’s worth of snowmobiles, since the ´264 Patent will expire on June 12, 2021. ... The evidence proffered by the appellants has not satisfied me that they will suffer irreparable harm if the stay of the injunction is not granted. On this record, I am not persuaded that they will lose market share or that their long-term reputation as a reliable supplier of snowmobiles will be irreparably hurt.

Decision relates to:


Canadian Intellectual Property