Decision

Bombardier Recreational Products Inc. v. Arctic Cat, Inc., 2018 FCA 172

Justice Pelletier; Justice Gauthier; Justice de Montigny - 2018-09-25

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Bombardier Recreational Products Inc. (BRP) appeals the decision of Roy J. of the Federal Court (2017 FC 207) dismissing its action for infringement against Arctic Cat, Inc. and Arctic Cat Sales, Inc. (collectively AC) with respect to Canadian Patents 2,293,106 (the 106 Patent), 2,485,813 (the 813 Patent), 2,411,964 (the 964 Patent) (collectively referred to as the Rider Forward Position Patents or RFP Patents). In this decision, the Federal Court concluded that BRP had established that various models of snowmobiles sold by AC infringed some claims of each of the RFP Patents, but it found that the claims were invalid. It also issued a declaration of invalidity of the asserted claims (AC’s counterclaim). The sole basis relied upon by the Federal Court in that respect is that the disclosures of the RFP Patents did not meet the requirement of subsection 27(3) of the Patent Act (insufficiency). BRP also challenges the Federal Court’s dismissal of its action with respect to Canadian Patent 2,350,264 (the 264 Patent). The Federal Court concluded that, on its interpretation of the claims at issue, the snowmobiles sold by AC did not infringe the 264 Patent because they did not include an “engine cradle” within the meaning of the claims. For the following reasons, I would allow the appeal in part.

Decision relates to:

 

Canadian Intellectual Property