Decision

Deeproot Green Infrastructure, LLC v. Greenblue Urban North America Inc., 2022 FC 709

Justice McDonald - 2022-05-12

Read full decision. Automatically generated summary:

These are the reasons following a contempt hearing, where the Plaintiffs (DeepRoot) allege that the Defendant (GreenBlue) is in contempt of the Court’s Judgment in 2021 FC 501. ... GreenBlue denies that it is in contempt of the Court’s Judgment and claims that its RootSpace AirForm package is a “design-around” of the 348 and 599 patents, and, therefore, outside the Court’s injunction. ... The evidence with respect to the available volume and whether the AirForm forms part of the structural cell is sufficient to raise a doubt as to whether it is an infringing product. In the circumstances of a contempt of Court proceeding, GreenBlue gets the benefit of that doubt. Accordingly, the Court is not convinced by the evidence that GreenBlue’s RootSpace AirForm infringes DeepRoot’s patents.

Decision relates to:

  • T-954-18 - DEEPROOT GREEN INFRASTRUCTURE, LLC ET AL v. GREENBLUE URBAN NORTH AMERICA IN

 

Canadian Intellectual Property