AFD Petroleum Ltd. v. Frac Shack Inc., 2018 FCA 140
Justice Gleason; Justice Webb; Justice Laskin - 2018-07-20
Read full decision. Automatically generated summary:
The appellant, AFD Petroleum Inc., appeals from the judgment of the Federal Court in Frac Shack Inc. and Frac Shack International Inc. v. AFD Petroleum Ltd., 2017 FC 104, the supplemental judgment 2017 FC 274 and the costs order. ... In these appeals, AFD raises numerous grounds, one of which I believe has merit. For the reasons that follow, I would grant the appeals, with costs, on the terms detailed below. ... I would remit to Justice Manson of the Federal Court the issues of the identification of the POSITA, the extent of the POSITA’s knowledge in respect of fuel delivery system design, obviousness, construction of the terms “automatically operable valves”, “automatic fuel delivery” and “fuel cap”, infringement and all remedial issues for re-determination in accordance with the reasons of this Court.
Decision relates to:
- A-103-17 - AFD PETROLEUM LTD v. FRAC SHACK INC ET AL which is an appeal from a decision dated 2017-03-13 in T-2149-14
- A-63-17 - AFD PETROLEUM LTD. v. FRAC SHACK INC. ET AL. which is an appeal from 2017 FC 104 in T-2149-14
- A-97-17 - AFD PETROLEUM LTD. v. FRAC SHACK INC. ET AL which is an appeal from a decision dated 2017-03-03 in T-2149-14