Evolution Technologies Inc. v. Human Care Canada Inc., 2019 FCA 209
Justice Dawson; Justice Stratas; Justice Laskin - 2019-07-18
Read full decision. Automatically generated summary:
The appellant, Evolution Technologies Inc., and the respondent, Human Care Canada Inc., both supply mobility aiding devices. These include “rollators” – more colloquially, walkers with wheels. Human Care’s “Nexus” series of centre-folding, solid-seat rollators is a commercial embodiment of its Canadian Patent No. 2,492,392. Human Care brought an action in the Federal Court alleging that Evolution’s “Xpresso” rollators – also centre-folding with a solid seat – infringe claims 16 and 18 of its patent. ... The Federal Court found in favour of Human Care: Human Care Canada Inc. v. Evolution Technologies Inc., 2018 FC 1302; supplementary judgment and reasons, 2018 FC 1304 (Elliott J.). ... In my view, it is necessary to consider only the grounds of appeal relating to the claim element “tension rod means for distributing the weight.” ... Since the “tension rod means” element is an essential element of the claims that Human Care asserted, this was fatal to the finding that the patent is infringed. For these reasons, which I develop below, I would allow the appeal.
Decision relates to:
- A-425-18 - EVOLUTION TECHNOLOGIES INC. v. HUMAN CARE CANADA INC. which is an appeal from 2018 FC 1302 in T-1556-12