Valley Blades Ltd v. Usinage Pro-24 Inc, 2023 FC 1749
Justice St-Louis - 2024-02-15
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In a court decision dated February 15, 2024, the court addressed two separate actions involving Valley Blades Ltd and Usinage Pro-24 Inc., doing business as Nordik Blades. Valley Blades initially filed an action against Nordik Blades seeking a declaration that Nordik Blades' Canadian Patent No. 2,856,940, and its claims, were invalid and that Nordik Blades made false and misleading statements against Valley Blades. Nordik Blades defended the action and counterclaimed for a declaration that Valley Blades infringed their patent. In a separate action, Nordik Blades filed a claim against Valley Blades alleging infringement of their Canadian Patent No. 2,965,426 and Canadian Patent No. 2,992,233. Valley Blades defended the action and counterclaimed for a declaration of invalidity. The court addressed the liability issues relating to the validity of the patents, infringement claims, false and misleading statements, and costs. The court found that the Disputed Claims of Nordik Patents were invalid due to obviousness, but Valley Blades failed to prove that the Disputed Claims were overbroad or that Nordik Blades violated the Trademarks Act. The court reserved the quantum of costs. The evidence presented included testimonies from witnesses, including Mr. Brad Hunt, Vice President of Valley Blades, and Mr. Jonathan Bourgon, an employee of the Township of Russell. Mr. Hunt provided details about Valley Blades' products and the false statements made by Nordik Blades. Mr. Bourgon testified about the impact of Nordik Blades' statements on the Township's decision to return Valley Blades' products. Overall, the court found in favor of Valley Blades regarding the validity of the Disputed Claims, but not on the other claims, and awarded costs to Valley Blades with the quantum to be determined later.
Decision relates to:
- T-1790-17 - VALLEY BLADES LTD. v. USINAGE PRO-24 INC. c/o/b as NORDIK BLADES
- T-416-19 - USINAGE PRO-24 INC. v. VALLEY BLADES LTD.
- A-25-24 - which is an appeal from this decision