Bauer Hockey Ltd. v. Sport Maska Inc. (CCM Hockey), 2020 FC 624

Justice Grammond - 2020-05-15

Read full decision. Automatically generated summary:

This action involves two well-known skate manufacturers, Bauer and CCM. Bauer obtained a patent for a pattern for a component of skates called the quarter. It is now suing CCM for infringement of that patent. While many issues were canvassed by the parties at trial, two of them are determinative. First, Bauer’s expansive interpretation of the claims of its patent, which would cover a wide range of CCM skates, cannot be accepted. Bauer’s proposed interpretation is not grounded in the wording of the claims or the disclosure. It attributes a purpose other than that explicitly identified in the disclosure. It is also incompatible with the patent’s prosecution history. Second, the patent claims asserted by Bauer are obvious. Making the quarter in one piece, whereas it was formerly made of two pieces sewn together, is not an inventive step deserving of patent protection. Even taking into account the surrounding context, a skilled person at the relevant time would have readily come to that solution. As a result, Bauer’s action will be dismissed and CCM’s counterclaim, which seeks a declaration of invalidity, will be allowed.

Decision relates to:


Canadian Intellectual Property