Plaintiff
Defendant
- Parties: The plaintiff/defendant by counterclaim was Molo Design, Ltd. The defendants/plaintiffs by counterclaim were Chanel Canada ULC, Chanel SAS, and Procédés Chénel International SA.
- Subject Matter: The plaintiff claimed that the defendants infringed 11 of 17 claims of its Canadian Patent 2,527,927. Allegedly, in implementing its window décor, Chanel deliberately chose not to purchase the plaintiff’s patented softwall and softblock products and instead used cheaper copies supplied by a former distributor of the plaintiff’s products in France.
- Ruling: The court ruled in the defendants’ favour, dismissed the plaintiff’s action, and partly granted the defendants’ counterclaims. The court declared that the respondents did not infringe claims 1, 2, 3, 5, 6, 7, 13, 14, 15, 16, or 17 of the patent in question; that claims 1 and 2 were invalid and void for claiming subject matter previously disclosed under s. 28.2 of the Patent Act; that claims 5, 6, 7, 13, 14, 15, 16, and 17 were invalid and void as they depended directly or indirectly on claims 1 and 2 but not as they depended directly or indirectly on claims 3, 4, 8, 9, 10, 11, or 12, in connection with ss. 28.2 and 28.3 of the Act.
- Date: The hearing was set on Sept. 21, 2023. The court released its decision on Aug. 14, 2024.
- Venue: This was a federal case before the Federal Court.
- Amount: The court invited the parties to make submissions on costs.
Court
Federal CourtCase Number
T-379-21Practice Area
Intellectual propertyAmount
$ 0Winner
DefendantTrial Start Date
26 February 2021Download documents