Camso Inc. v. Soucy International Inc., 2019 FC 255

Justice Locke - 2019-03-01

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This is a patent infringement action concerning a family of three patents regarding track assemblies to be installed on All-Terrain Vehicles (ATVs) to facilitate their operation on snow and other unstable or uneven surfaces. ... Camso alleges infringement of many of the claims of the 294, 562 and 509 Patents. The defendants deny infringement of most of the asserted claims. ... The defendants argue that these claims are invalid, and further that all of the claims in issue are invalid if they are construed so as to find infringement. The grounds of invalidity asserted by the defendants are anticipation, obviousness, overbreadth, insufficiency, and section 53 of the Patent Act. The infringement and validity issues turn largely on the construction given to various terms used in the claims, as well as on the expected knowledge of a person skilled in the relevant art at the relevant time. ... I have concluded that all of the claims in issue are invalid for anticipation and/or obviousness. Accordingly, a declaration to that effect will be issued and Camso’s action will be dismissed with costs. If the parties are unable to agree on the quantum of costs I will receive submissions from the parties as contemplated in the Judgment below.

Decision relates to:



Canadian Intellectual Property