Pollard Banknote Limited v. Scientific Games Product (Canada) ULC, 2016 FC 883
Justice Locke - 2016-07-28
Read full decision. Summary prepared by Alan Macek:
In this patent impeachment proceeding, the court found the patent at issue, relating to a validation barcode under a scratchoff layer on a lottery ticket, obvious in view of the common general knowledge and cited prior art after a detailed claim construction. The dependent claim was found ambiguous. The Court also considered, in the alternative, the counterclaim for infringement and found no infringement. The court discussed the role of a series of protests filed during prosecution and the file history in deciding claim construction, finding a construction on one term in favour of the patentee but opposite that argued during the prosecution. A team at Dimock Stratton that included me, represented the successful plaintiff.
Decision relates to:
- T-407-14 - POLLARD BANKNOTE LIMITED v. BABN TECHNOLOGIES CORP.