Aux Sable Liquid Products LP v. JL Energy Transportation Inc., 2019 FC 581
Justice Southcott - 2019-05-06
Read full decision. Automatically generated summary:
This decision relates to an impeachment action by the Plaintiffs, Aux Sable, to invalidate the 670 Patent, related to the transportation of natural gas by pipeline, held by JL Energy. The Court found that claims 9-10 of the 670 Patent were invalid for overbreadth, inutility, anticipation and non-patentable subject matter (skill and judgment) but claims 1-8 were not found to be invalid under any of the invalidity allegations raised by the Plaintiffs. On obviousness, the court agreed with Aux Sable’s position as to the effect of s 28.3 of the Act, i.e. that a prior art reference which was disclosed to the public, prior to the applicable date prescribed by s 28.3, forms part of the prior art for purposes of an obviousness analysis, regardless of whether the reference would have been locatable through a reasonably diligent search.
Decision relates to:
- T-1612-16 - AUX SABLE LIQUID PRODUCTS LP et al. v. JL ENERGY TRANSPORTATION INC.