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Client Work

Bombardier Recreational Products wins a favourable judgement in the Federal Court of Canada

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Confidential Client

Fasken Martineau represented Bombardier Recreational Products Inc. (BRP) with success in a major patent infringement lawsuit. In a lengthy judgement released on September 16, 2016, Federal Court Judge Yvan Roy convincingly dismissed a patent infringement lawsuit brought against BRP by Arctic Cat Inc., one of BRP’s major competitors in the snowmobile industry. Arctic Cat had accused BRP of infringing a patent relating to electronic engine control for two-stroke snowmobile engines. In dismissing the lawsuit, the Federal Court ruled that BRP’s engine control systems did not infringe Arctic Cat’s patent. The Court also ruled that even if there had been infringement, BRP would have still prevailed, since Arctic Cat’s patent was invalid, and Arctic Cat lacked standing to enforce the patent because BRP had shown that the technology claimed in the patent was not actually invented by Arctic Cat’s employees, but was actually developed by a third party. The Federal Court also praised BRP’s intellectual property due diligence and design-around efforts, providing a road-map for how companies operating in Canada can engage in effective freedom-to-operate and design-around strategies. The team representing BRP featured Marek Nitoslawski, David Turgeon, Joanie Lapalme, and Michael Shortt of Fasken Martineau’s Montreal Intellectual Property Group.


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