Flatwork Technologies, LLC (Powerblanket) v. Brierley, 2020 FC 997

Justice McVeigh - 2020-10-22

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The Plaintiff has brought a motion for summary judgment in respect of its patent impeachment action under section 60(1) of the Patent Act. The Plaintiff’s position is that the ‘341 Patent which describes an electric heating wrap for use on articulated hydraulic booms should be declared invalid pursuant to section 62 of the Act. ... I find that by granting summary judgment rather than proceeding to trial or a summary trial will promote expeditious, proportionate, less expensive, timely justice in this matter, because there is no genuine issue for trial. ... To a POSITA with the CGK of the time the patent’s claim date, it would be obvious given the patents for the BOP (‘724 Patent) and the Jug Heat Pak (‘050 Patent) that heated blankets with embedded heating coils that operate in freezing conditions can also be wrapped around an item and then fastened by straps to keep the item warm. The fact that this patent wraps around an articulating boom is not inventive. ... I find $40,000.00 inclusive of taxes to be an appropriate lump sum for fees for these reasons. This does not include disbursements which are dealt with below. ... I therefore grant Flatwork’s motion for summary judgment because the ‘341 Patent is obvious and there is no genuine issue for trial.

Decision relates to:



Canadian Intellectual Property