Appellant
Respondent
- Parties: The appellants were Munchkin, Inc. and Munchkin Baby Canada, Ltd. The respondents were Angelcare Canada Inc.; Edgewell Personal Care Canada ULC; and Playtex Products, LLC.
- Subject Matter: Angelcare Canada Inc., Edgewell Personal Care Canada ULC, and Playtex Products, LLC (collectively called Angelcare) alleged that Munchkin, Inc. and Munchkin Baby Canada, Ltd. infringed and were infringing Canadian patents numbered 2,686,128; 2,640,384; 2,855,159; 2,936,421; 2,936,415; and 2,937,312. Munchkin denied infringement and alleged that the six patents – which concerned diaper pails and cassettes to be placed in the pails – were invalid on various grounds. In the first appeal (A-105-22), Munchkin argued that the Federal Court erred in several respects in its conclusions on anticipation and obviousness and on Munchkin’s liability for infringement.
- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appellants’ appeal in file no. A-105-22. The appeal court concluded that, while the Federal Court improperly excluded the Diaper Genie II product from the common general knowledge (CGK), the result on the appeal’s issues would have been the same if the CGK included it.
- Date: The hearing was set on June 4, 2024. The court released its decision on Sept. 27, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded the respondents its costs for the appeals in A-105-22 ($7,500) and A-106-22 ($7,500) in the all-inclusive amount of $15,000.
Court
Federal Court of AppealCase Number
A-105-22Practice Area
Intellectual propertyAmount
$ 7,500Winner
RespondentTrial Start Date
09 May 2022