Daily Alert

Dovden Investments Impeachment Action

For those following the patent infringement actions started by Dovden Investments Ltd. over the last couple of years, an impeachment action was started yesterday by the Canadian Urban Transit Association (PDF). Dovden Investments has started approximately one third of all patent infringement actions in Canada during the past year.

The proceeding is Canadian Urban Transit Association v. Dovden Investments Ltd. (T-1337-13). As is necessary under the Patent Act, the plaintiff has brought a preliminary motion to fix security for costs in accordance with s.60(3) of the Patent Act.

I mentioned Dovden Investments’ litigation in a recent column for Slaw where I wrote:

In Canada, a company called Dovden Investments has started about 28 patent infringement actions in the last twelve months amounting to about 35% of patent actions started during that period. A company suing on similar U.S. patents in the United States, ArrivalStar, has been called a troll by the Electronic Frontier Foundation for its patent infringement actions against municipal transit systems and organized a search for prior art against its patents. None of Dovden Investment’s patent infringement actions have gone to trial in Canada so far.

The patents for which impeachment is sought are:

  • Canadian Patent No. 2,267,206 (PDF) entitled, “Advanced Notification System for use with Vehicular Transportation”;
  • Canadian Patent No. 2,283,239 (PDF) entitled, “Advanced Notification Systems and Methods Utilizing a Computer Network”;
  • Canadian Patent No. 2,363,556 (PDF) entitled, “Base Station and Method for Monitoring Travel of Mobile Vehicles and Communicating Notification Messages”; and
  • Canadian Patent No. 2,528,647 (PDF) entitled, “Advanced Notification System for use with Vehicular Transportation”.

An action was started in June by the American Public Transit Association in the United States, Southern District of New York (Press Release, EFF article) against similar patents held by ArrivalStar claiming the public authorities were immune from suit and the patents invalid. No defences have yet been filed in either the New York action or the action started yesterday.