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Fasken Martineau’s client BRP wins a favourable judgement in the Federal Court of Canada

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A major patent infringement case in which Fasken Martineau represented the successful defendant

Montréal (Canada) – Fasken Martineau, a leading international business law and litigation firm, represented Bombardier Recreational Products (BRP) with success in a major patent infringement lawsuit.

In a lengthy judgement released on September 16, Federal Court Judge Yvan Roy convincingly dismissed a patent suit brought against BRP, by one of its main competitors, Arctic Cat, Inc. Arctic Cat had accused BRP of infringing a patent relating to electronic engine control for two-stroke engines. This lawsuit came on the heels of a case which BRP had earlier filed against Arctic Cat for infringement of a series of patents relating to rider forward positioning and frame construction of snowmobiles.

In finding for BRP, the Court ruled that its engine control systems did not infringe Arctic Cat’s patent. The Court also ruled that if there had been a finding of infringement, the patent would have been held invalid.

“The judgement addresses many factual issues which are particular to the case but also sets out some broader legal principles which will be of interest to patent practitioners as well as their clients,” said Marek Nitoslawski, partner at Fasken Martineau in the Montréal office and lead counsel on the case.

The team representing BRP featured Marek Nitoslawski, David Turgeon, Joanie Lapalme and Michael Shortt of Fasken Martineau’s Intellectual Property Group.

About Fasken Martineau

Fasken Martineau is a leading international business law and litigation firm. With more than 700 lawyers, the firm has offices in Vancouver, Calgary, Toronto, Ottawa, Montréal, Québec City, London and Johannesburg. For additional information, please visit the firm's website at


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