Appellant
Respondent
- Parties: The appellant was Usinage Pro-24 Inc. c/o/b as Nordik Blades. The respondent was Valley Blades Ltd.
- Subject Matter: The Federal Court found numerous claims of three of the appellant’s patents, including patent number 2,856,940, invalid for obviousness. The two patents (patents numbers 2,965,426 and 2,992,233) still in issue were both titled “Adjustable Sweeping Blade Device and Sweeping Blade Assembly” and concerned a blade device and assembly to be attached to the bottom of a snow plow carried on a vehicle. The appellant challenged the court’s decision.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court found no reviewable errors in the Federal Court’s obviousness analysis or in its conclusion that the disputed claims were obvious. The appeal court noted that the Federal Court addressed claim 1 of patent 2,856,940; described how the parties and their respective experts disagreed; and sided with the respondent. The appeal court found that the Federal Court permissibly decided to make a shorter analysis of the other disputed claims and to focus on points not already discussed due to the similarities of the other claims to claim 1 of patent 2,856,940.
- Date: The hearing was set on Dec. 10, 2024. The appeal court released its decision on Jan. 6, 2025.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded costs in the all-inclusive amount of $15,000.
Court
Federal Court of AppealCase Number
A-25-24Practice Area
Intellectual propertyAmount
$ 15,000Winner
RespondentTrial Start Date
23 January 2024Download documents