Uponor AB v. Heatlink Group Inc. et al., 2016 FC 320
Justice Manson - 2016-03-16
Read full decision. Summary prepared by Alan Macek:
This trial decision relates to a patent (2,232,376) on polymer crosslinking using infrared radiation. Some claims were found obvious and some valid and infringed. The Court found that claims requiring 'elimination' of wavelengths did not work because the "suitable filter material" disclosed still transmitted between 60-80% of the light, and other claims did not require a necessary additive, and therefore these claims were invalid for lack of utility. On sufficiency, the Court concluded there was enough for the POSITA to discern the invention for one aspect but claims directed to filters were invalid for insufficient disclosure and others for being broader than the invention made or described. The Court commented on experts finding their own prior art. Several claims were found anticipated but some references were not-enabling. Several claims were found obvious. The Court found infringement but not inducing infringement. The proceeding was bifurcated but the court denied an election of profits and punitive damages.
Decision relates to: