Phostech Lithium Inc. v. Valence Technology Inc., 2011 FCA 237

Justice Pelletier; Justice Mainville; Justice Noël - 2011-08-17

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This is an appeal from the decision of Gauthier J. of the Federal Court (the trial judge), reported as Valence Technology, Inc. v. Phostech Lithium Inc., 2011 FC 174 (Reasons), which held that the appellant Phostech Lithium Inc's. (Phostech) P1 Process for the manufacture of lithiated iron phosphate (LiFePO4) infringed the respondent Valence Technology, Inc.'s (Valence) Canadian Patent no. 2, 395, 115 (the '115 Patent). The appeal raises no novel question of law; it turns on the construction of a single claim of the '115 Patent and, in particular, on the meaning of the word "carbon" in the claim. Phostech also raises the issue of the validity of a second Valence patent, Canadian Patent no. 2, 466, 366 (the '366 Patent).

Decision relates to:


Canadian Intellectual Property