E. Mishan & Sons, Inc. v. Supertek Canada Inc., 2015 FCA 163

Justice Ryer; Justice Webb; Justice Near - 2015-07-14

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This is an appeal from the decision of Hughes J. dated April 7, 2014 (2014 FC 326, [2014] F.C.J. No. 345). The Federal Court Judge found that claims 1, 15, 28 and 42 of Canadian Patent No. 2,779,882 (the 882 Patent) are invalid for obviousness. The 882 Patent is related to an expandable and contractible water hose. The Appellants appeal the finding that claim 15 is obvious. For the reasons that follow I would dismiss this appeal.

Decision relates to:


Canadian Intellectual Property