Intellectual Property Weekly Abstracts Alert (week of February 28, 2011)

Editors: Chantal Saunders and Beverley Moore

OTHER CASES OF INTEREST

Infringement and Validity of Three Patents Considered Valence Technology, Inc. v. Phostech Lithium Inc. 2011 FC 174

In this case, the Court considered the validity and infringement of three patents having to do with processes for the synthesis of lithium mixed metal cathode materials for use in lithium ion batteries. One patent was held valid and infringed. Infringement was not considered with respect to the other two patents. The Court held the second patent, a divisional of the first valid and the third patent invalid.

There were no validity challenges to the first patent. Regarding the second patent, the Court considered insufficiency allegations and held that the inventor must define the nature of the invention and describe how to put it into operation. The Court held that it was not satisfied that the Defendant met its burden of establishing that the patent should be void for insufficiency.

The Court then considered the allegations of misappropriation of the invention pursuant to section 53 of the Patent Act. The Court refused to infer any intention to mislead, holding that the evidence did not establish to the Court's satisfaction that the named inventors did not invent what was claimed in one of the patents. Furthermore, the Court did not accept the leap proposed by...