Phostech Lithium Inc. v. Valence Technology, Inc., 2011 FCA 107
Justice Pelletier - 2011-03-18
Read full decision. Automatically generated summary:
I am satisfied that the test for the granting of a stay has been met.
The question of a serious issue to be tried is a low threshold. The issue of the construction of claim 3 is a matter of law and it appears to me that the appeal on this point is not frivolous.
Decision relates to:
- A-121-11 - PHOSTECH LITHIUM INC. v. VALENCE TECHNOLOGY INC. which is an appeal from 2011 FC 174 in T-219-07