GREENBLUE URBAN NORTH AMERICA INC.v. DEEPROOT GREEN INFRASTRUCTURE,LLC ET AL
GREENBLUE URBAN NORTH AMERICA INC.
Law Firm / Organization
Dickinson Wright LLP
DEEPROOT CANADA CORP.
Law Firm / Organization
DLA Piper (Canada) LLP
DEEPROOT GREEN INFRASTRUCTURE LLC
Law Firm / Organization
DLA Piper (Canada) LLP

In the case of GreenBlue Urban North America Inc. vs. DeepRoot Canada Corp. dated September 13, 2023, respondent DeepRoot filed an appeal following a judgment by the Federal Court. In said case, the court ruled in favor of DeepRoot, allowing their action for patent infringement and dismissing GreenBlue's counterclaim for invalidity regarding two patents owned by DeepRoot: Canadian Patent 2,552,348 (the 348 Patent) and Canadian Patent 2,829,599 (the 599 Patent). The Federal Court issued an injunction preventing GreenBlue from infringing specific claims of these patents and awarded DeepRoot a modest compensation for reasonable royalties. GreenBlue sought to overturn the Federal Court's findings on validity and infringement in its appeal, while DeepRoot cross-appealed to set aside the compensation for royalties, requesting an accounting of profits instead. The Federal Court's decision not to award an accounting of profits was based on the finding that GreenBlue had not profited from their infringing products. The court largely sided with DeepRoot's arguments in both the appeal and cross-appeal. Consequently, they dismissed GreenBlue's appeal, granted DeepRoot's cross-appeal, and remitted the issue of the appropriateness of an accounting of profits back to the Federal Court for reconsideration.

Federal Court of Appeal
A-181-21
Intellectual property
Respondent
28 June 2021