Bombardier Recreational Products Inc. v. Arctic Cat, Inc.

Bombardier Recreational Products Inc. v. Arctic Cat, Inc.

Motion to amend to plead issue estoppel based on the US jury verdict was dismissed for lack of reasonable prospect of success; on remand the Court found Canadian Patent No. 2,350,264 valid and infringed by Arctic Cat because Arctic Cat failed to prove anticipation or obviousness by the T/S sled (T/S is not a snowmobile covered by the claims, lacks the claimed pyramidal brace assembly and upper column); lost profits were not proven but a reasonable royalty of CAD 135 per infringing snowmobile was awarded for 20,934 units (total damages CAD 2,826,090), prejudgment and post-judgment interest awarded, permanent injunction granted (delayed 20 days), and order for destruction and referral for...

Citation
2020 FC 691
Parties
Plaintiff/defendant by Counterclaim: Bombardier Recreational Products Inc.; Defendants/plaintiffs by Counterclaim: Arctic Cat, Inc. and Arctic Cat Sales, Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 June 2020
Procedural Posture
Patent Infringement / Remand to Federal Court to Determine Validity of Canadian Patent No. 2,350,264 and Remedies Following Federal Court of Appeal Decision
Outcome
Motion to amend dismissed; Canadian Patent No. 2,350,264 held valid and infringed; permanent injunction granted; damages assessed by reasonable royalty; referral ordered for post-March 31, 2014 damages
Legal Topics
Infringement, Validity, Claim Construction, Anticipation, Obviousness, Issue Estoppel, Amendment of Pleadings, Damages, Injunctions, Remedies
Source Language
English
Intellectual Property Patent Law Civil Procedure Infringement Validity Claim Construction Anticipation Obviousness +5 more

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Parties

Bombardier Recreational Products Inc.

Plaintiff/defendant by Counterclaim

Arctic Cat, Inc. and Arctic Cat Sales, Inc.

Defendants/plaintiffs by Counterclaim

Procedural Posture

Patent Infringement / Remand to Federal Court to Determine Validity of Canadian Patent No. 2,350,264 and Remedies Following Federal Court of Appeal Decision

Legal Issues

  1. 1 Whether Arctic Cat’s motion to amend to plead issue estoppel based on a US jury verdict has a reasonable prospect of success
  2. 2 Whether Canadian Patent No. 2,350,264 (the 264 Patent) is invalid for anticipation by the T/S sled
  3. 3 Whether the 264 Patent is invalid for obviousness over the T/S sled and common general knowledge

Ratio Decidendi

Motion to amend to plead issue estoppel based on the US jury verdict was dismissed for lack of reasonable prospect of success; on remand the Court found Canadian Patent No. 2,350,264 valid and infringed by Arctic Cat because Arctic Cat failed to prove anticipation or obviousness by the T/S sled (T/S is not a snowmobile covered by the claims, lacks the claimed pyramidal brace assembly and upper column); lost profits were not proven but a reasonable royalty of CAD 135 per infringing snowmobile was awarded for 20,934 units (total damages CAD 2,826,090), prejudgment and post-judgment interest awarded, permanent injunction granted (delayed 20 days), and order for destruction and referral for...

Court Disposition

Motion to amend dismissed; Canadian Patent No. 2,350,264 held valid and infringed; permanent injunction granted; damages assessed by reasonable royalty; referral ordered for post-March 31, 2014 damages

Orders

  • Motion for leave to amend statement of defence and counterclaim dismissed
  • Canadian Patent No. 2,350,264 adjudged valid and infringed by Arctic Cat, Inc. and Arctic Cat Sales, Inc.