- Parties: The appellants were Deeproot Green Infrastructure, LLC and Deeproot Canada Corp. The respondent was Greenblue Urban North America Inc.

- Subject Matter: The Federal Court found that the respondent’s RootSpace system and structural cells infringed various claims of Canadian Patent 2,552,348 and Canadian Patent 2,829,599, owned by DeepRoot Green Infrastructure, LLC. The court permanently enjoined the respondent from infringing the asserted claims of these two patents. The respondent then started selling the RootSpace AirForm system in Canada. The appellants brought contempt proceedings against the respondent since they believed that the respondent violated the injunction’s terms. The Federal Court dismissed the appellants’ contempt motion because it was not satisfied beyond a reasonable doubt that the respondent was in contempt of the injunction.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appellants failed to demonstrate that the Federal Court erred in finding that the evidence did not establish beyond a reasonable doubt that the respondent was in contempt of the injunction through infringing or inducing infringement of the appellants’ patents through the sale of the RootSpace AirForm system in Canada, the appeal court decided.

- Date: The hearing was set on May 10, 2023. The court released its decision on Sept. 13, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.