Wheel Monitor Inc. V. Cleral Inc. Et Al, T-1686-18
2020-09-02
Read full decision. Summary prepared by Alan Macek:
"...The Plaintiff alleges that the Defendants have infringed Canadian Patent No. 2,756,470 (the 470 Patent), which relates to a monitoring system for automatically controlling lift axles on a truck or tractor-trailer by detection of speed, direction, and load weight. ... The Defendants seek to allege that if valid, the 470 Patent is a “standard-essential patent” (SEP) on the basis that there is no practical difference between the subject matter of the patent and what is required by Ontario Reg. 457/10. Where a patent is a SEP, the Defendants submit that the patentee must licence the patent for a fair, reasonable and non-discriminatory royalty. ... No regulations have promulgated under the authority of section 52.2, however, and there is no statutory regime or authority otherwise for the Federal Court to step in and designate a patent to be a SEP, or require a patentee to license their invention, or formulate/determine a fair, reasonable and non-discriminatory royalty under such license. ... Leave to include proposed paragraphs 17, 24, 28 and 29 in the Fresh Amended Statement of Defence and Counterclaim is denied." (Thanks to Peter Kappel for this decision)