Meridian Manufacturing Inc. v. Concept Industries Ltd., 2023 FC 20

Justice Zinn - 2023-01-04

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The Defendant, Concept, moves for judgment dismissing the action commenced by Meridian on the basis that its Airpro System does not infringe any of the claims of the 430 Patent. Alternatively, Concept seeks an Order declaring the 430 Patent invalid and void on the basis that it incorporates the prior art of the JTL Hopper that predates the 430 Patent. ... Whether the “solid inner wall” is an essential component is crucial to determining whether infringement has occurred. This factual dispute cannot be decided on the evidence currently before the Court on the motion. The matter requires a trial so that the differences between the parties’ witnesses can be fully explored. This may well turn on a determination of credibility. There is a genuine issue for trial and therefore, the motion for summary judgment on the issue of infringement must be dismissed. ... There is a genuine issue before the Court as to whether the 430 Patent is valid or not. ... This defence turns on the factual finding of whether the JTL Hopper precedes the 430 Patent. The stickers of 2017 and the evidence provided by Concept is insufficient to definitively determine that the JTL Hopper was publicly available prior to the filing of the 430 Patent. ... For these reasons, these motions are dismissed. Each party shall bear its own costs. The action shall continue under case management.

Decision relates to:



Canadian Intellectual Property