Decision

Human Care Canada Inc. v. Evolution Technologies Inc., 2018 FC 1302

Justice Elliott - 2018-12-21

Read full decision. Summary prepared by Alan Macek:

In this trial decision, Human Care claimed that Evolution had infringed Claims 16 and 18 of the 392 Patent and that Evolution’s Xpresso rollator features all the essential elements of those two claims. Evolution defended on the basis of non-infringement, aggregation, over-breadth, obviousness and anticipation. Justice Elliot concluded that the patent was valid and infringed, and ordered an injunction, reasonable compensation, an accounting of profits and interest.

Decision relates to:

  • T-1556-12 - DANA DOUGLAS INC. v. EVOLUTION TECHNOLOGIES INC.
  • A-425-18 - which is an appeal from this decision

 

Canadian Intellectual Property