Decision

Bell Helicopter Textron Canada Limitée v. Eurocopter, 2013 FCA 261

Justice Noël; Justice Trudel; Justice Mainville - 2013-11-22

Read full decision. Summary prepared by Alan Macek:

Following a long trial, Martineau J. issued reasons (2012 FC 113) in a patent infringement and validity case concerning Eurocopter’s Canadian Patent No. 2,207,787, which declared that Bell Helicopter Textron Canada had infringed claim 15 with “Legacy landing gear” but not infringed with “Production landing gear”, issued an injunction, declared Eurocopter entitled to damages, and invalidated the other claims. Bell Helicopter appealed and Eurocopter cross-appealed, notably with respect to the invalidation of the patent claims, which were all dismissed (2013 FCA 219). Eurocopter submitted a motion in writing pursuant to Rule 397 requesting reconsideration of the reasons relating to the sound line of reasoning and the validity of claim 16 and other claims. The motion was dismissed with costs.

Decision relates to:

 

Canadian Intellectual Property