Excalibre Oil Tools Ltd. et al. v. Advantage Products Inc. et al., 2016 FC 1279
Justice Manson - 2016-11-17
Read full decision. Summary prepared by Alan Macek:
In this patent impeachment/infringement trial decision, three patents were at issue relating to downhole pumps. The Court found the ‘467 patent valid for having utility but not infringed, the ‘734 patent invalid because it was obvious, and for the ‘026 patent, the independent claim invalid for inutility/claims broader and the remaining claims valid but not infringed. The Court also found that the patentee had made false and misleading statements contrary to 7(a) of the Trademarks Act for letters sent to customers regarding patent infringement, noting, it "is important to distinguish between cease and desist letters that are informative and letters that are threatening." The Court also considered the admissibility of testimony of an expert where the expert tried to make "significant corrections" to his report during direct examination, and the role of prior art provided by counsel in claim construction. (Thanks to Nelson Godfrey for the decision)
Decision relates to:
- T-1741-08 - EXCALIBER OIL TOOLS LTD ET AL v. ADVANTAGE PRODUCTS INC ET AL
- A-460-16(2019 FCA 121) - which is an appeal from this decision
- T-1741-08 - EXCALIBER OIL TOOLS LTD ET AL v. ADVANTAGE PRODUCTS INC ET AL
- A-460-16(2019 FCA 22) - which is an appeal from this decision
- T-1741-08 - EXCALIBER OIL TOOLS LTD ET AL v. ADVANTAGE PRODUCTS INC ET AL
- A-469-16(2019 FCA 22) - which is an appeal from this decision
- T-1946-09 - ADVANTAGE PRODUCTS INC., MSI MACHINEERING SOLUTIONS INC. AND MSI MACHINEERIN