Georgetown Rail Equipment Company v. Tetra Tech Eba Inc, 2020 FC 64

Justice Fothergill - 2020-01-17

Read full decision. Automatically generated summary:

On January 31, 2018, I held in Georgetown Rail Equipment Company v Rail Radar Inc, 2018 FC 70 that the 082 Patent and 249 Patent were valid and infringed by Tetra. ... On July 9, 2019, the Federal Court of Appeal [FCA] overturned my judgment in Georgetown (Tetra Tech EBA Inc v Georgetown Rail Equipment Company, 2019 FCA 203). ... The FCA remanded to this Court the determinations of obviousness and validity of the remaining claims of the 249 Patent, in light of its findings and analysis in Tetra. The claims of the 249 Patent that the FCA found to be obvious and invalid are claims 7, 11, and 18 [Invalid Claims]. The claims of the 249 Patent that have been remanded for this Court’s further consideration are claims 1 to 6, 8 to 10, and 12 to 17 [Remanded Claims]. The Invalid Claims do not include tilt correction; the Remanded Claims do. ... Accordingly, the general concept of tilt correction, compensation, or adjustment was within the common general knowledge of the Skilled Person as of the relevant date, and would have enabled the Skilled Person to bridge the differences between the prior art and Claims 1 and 12 of the 249 Patent. These claims are therefore obvious and invalid.

Decision relates to:



Canadian Intellectual Property