Guest Tek Interactive Entertainment Ltd. v. Nomadix, Inc.

Guest Tek Interactive Entertainment Ltd. v. Nomadix, Inc.

The Court purposively construed the disputed claim terms in each patent in light of the disclosure and the CGK, concluded the constructions did not encompass Nomadix’s implemented behavior as alleged, found Guest Tek failed to prove direct infringement or inducement of the asserted claims of Canadian Patents 2,600,760 and 2,750,345, and found Nomadix failed to prove those claims invalid for anticipation or obviousness; accordingly the action and counterclaim were dismissed.

Citation
2021 FC 276
Parties
Plaintiff Defendant by Counterclaim: Guest Tek Interactive Entertainment Ltd.; Defendant Plaintiff by Counterclaim: Nomadix, Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
31 March 2021
Procedural Posture
Patent Infringement / Liability Phase (bifurcated)
Outcome
The action is dismissed and the counterclaim is dismissed; Guest Tek failed to prove infringement or inducement; Nomadix failed to prove invalidity.
Legal Topics
Claim Construction, Infringement, Inducing Infringement, Validity, Anticipation, Obviousness, Costs
Source Language
English
Patent Intellectual Property Civil Procedure Claim Construction Infringement Inducing Infringement Validity Anticipation +2 more

Case Brief

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Parties

Guest Tek Interactive Entertainment Ltd.

Plaintiff Defendant by Counterclaim

Nomadix, Inc.

Defendant Plaintiff by Counterclaim

Procedural Posture

Patent Infringement / Liability Phase (bifurcated)

Legal Issues

  1. 1 Proper purposive construction of claim terms in two patents ('760 and '345)
  2. 2 Whether Nomadix directly infringed asserted claims
  3. 3 Whether Nomadix induced Canadian hotels to infringe

Ratio Decidendi

The Court purposively construed the disputed claim terms in each patent in light of the disclosure and the CGK, concluded the constructions did not encompass Nomadix’s implemented behavior as alleged, found Guest Tek failed to prove direct infringement or inducement of the asserted claims of Canadian Patents 2,600,760 and 2,750,345, and found Nomadix failed to prove those claims invalid for anticipation or obviousness; accordingly the action and counterclaim were dismissed.

Court Disposition

The action is dismissed and the counterclaim is dismissed; Guest Tek failed to prove infringement or inducement; Nomadix failed to prove invalidity.

Orders

  • Action dismissed
  • Counterclaim dismissed