Series Of Patents Found Not To Be Infringed Or Invalid (Intellectual Property Weekly Abstracts Bulletin (Week Of June 24, 2013)

Edited by Chantal Saunders and Beverley Moore Patents

Series of patents found not to be infringed or invalid Zero Spill Systems (Int'l) Inc. v. 614248 Alberta Ltd., 2013 FC 616

The Plaintiffs alleged infringement of two Canadian patents ('375 and '064 Patents) and a Canadian Design Registration ('793 Design). The Defendants sought a declaration of invalidity of a third patent ('265 Patent). The patents and design in issue are related to oil field fluid containment products. While the Federal Court held the '375 Patent valid, the Plaintiffs failed to meet their burden of proving, on a balance of probabilities, that the Defendants' product infringed the '375 Patent system. The Plaintiffs also failed to prove infringement of the '793 industrial design. The Court found that the '064 Patent was anticipated in both the prior art and use, and therefore, the patent was found to be invalid. Finally, the '265 Patent was found invalid due to obviousness. The Court did not have to deal with the Plaintiffs'...