Tensar Technologies, Limited v. Enviro-Pro Geosynthetics, Ltd., 2021 FCA 3

Justice Gauthier; Justice Locke; Justice de Montigny - 2021-01-13

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This is an appeal from a decision of the Federal Court (2019 FC 277, per Justice Michael D. Manson (the Trial Judge)) that found that several claims of the 858 Patent were valid but not infringed by the respondent. ... This issue concerns the Trial Judge’s construction of the term “continuous orientation”, and is really the crux of the present appeal. ... disagree with the appellants’ argument that the Trial Judge’s construction of “continuous orientation” read in words that are not present in the claims in issue. ... n my view, it was open to the Trial Judge to be concerned that the appellants’ evidence on infringement was insufficient to establish that “a predominant amount or substantial percentage of the molecules around the crotch are oriented in a direction tangential to the curvature of the crotch.” ... In the end, it may be that the respondent’s Tri-Grid products use the general idea described in the 858 Patent. This may cause great frustration to the appellants, but it is not enough to establish patent infringement.

Decision relates to:


Canadian Intellectual Property