Pollard Banknote Limited v. Babn Technologies Corp., 2016 FC 1193

Justice Locke - 2016-10-26

Read full decision. Automatically generated summary:

"This decision concerns costs following trial in a patent impeachment action by Pollard against Scientific Games Products (Canada) ULC (SG) (see 2016 FC 883). In a decision dated July 28, 2016, I found in favour of Pollard, ruling that the claims of the patent in suit (Canadian Patent No. 2,752,551, hereinafter the 551 Patent) were invalid. ... I have considered Pollard’s argument that costs should be awarded as a lump sum based on its actual legal expenses, but I am not convinced that an award of costs based on Tariff B will be inadequate. However, because of my concerns with SG’s conduct during this case, I conclude that the fees portion of costs should be elevated by 50% above what is contemplated in the previous paragraph. As discussed above, I am particularly concerned about (i) SG’s standard of review argument, (ii) the manner in which SG dealt with Mr. Finnerty’s testimony, and (iii) SG’s argument for a claim construction that defers to the Patent Office’s decision to allow the 551 Patent to issue, and simultaneously ignores its submission during prosecution that led to that decision."

Decision relates to:



Canadian Intellectual Property