Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184

Justice Mactavish; Justice Gleason; Justice Woods - 2023-09-13

Read full decision. Automatically generated summary:

The appellant, GreenBlue, appeals and the respondents, DeepRoot, cross-appeal from the judgment of the Federal Court in 2021 FC 501. In that judgment, the Federal Court allowed DeepRoot’s action for patent infringement and dismissed GreenBlue’s counterclaim for invalidity in respect of two patents owned by DeepRoot ... For the reasons that follow, I largely agree with DeepRoot’s arguments with respect to both the appeal and the cross-appeal. I would accordingly dismiss this appeal, grant the cross-appeal, and remit the issue of the appropriateness of an award of an accounting of profits to the Federal Court for redetermination in accordance with these Reasons, the whole with costs to DeepRoot. (DLA Piper represented the successful respondent on this appeal)

Decision relates to:

  • A-181-21 - GREENBLUE URBAN NORTH AMERICA INC.v. DEEPROOT GREEN INFRASTRUCTURE,LLC ET AL which is an appeal from 2021 FC 501 in T-954-18


Canadian Intellectual Property