Fada Radio Ltd. v. Canadian General Electric Co.

Fada Radio Ltd. v. Canadian General Electric Co.

Because the patent applicant's rights fell within the protective extension of 11-12 Geo. V c.44 ss.6 and 7(1), the existence of the German patent did not constitute a material untruth capable of avoiding the original Canadian patent absent fraud; likewise absence or defect of an affidavit supporting a s.24 re-issue does not void the re-issue in absence of fraud, and the patent recital is conclusive against attackers absent fraud.

Citation
[1927] SCR 520
Parties
Defendant Appellant: Fada Radio Ltd.; Plaintiff Respondent: Canadian General Electric Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1927
Procedural Posture
Patent Infringement / Appeal to Supreme Court of Canada From Exchequer Court
Outcome
Appeal dismissed with costs; judgment of the Exchequer Court affirmed subject to modification restricting finding of infringement to claims 3, 6 and 10; injunction modified accordingly.
Legal Topics
Patent Validity, Re Issued Patent, Affidavit Verification, Statutory Amendment Effect, Infringement Remedies
Source Language
English
Intellectual Property Patent Law Patent Validity Re Issued Patent Affidavit Verification Statutory Amendment Effect Infringement Remedies

Case Brief

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Parties

Fada Radio Ltd.

Defendant Appellant

Canadian General Electric Company Limited

Plaintiff Respondent

Procedural Posture

Patent Infringement / Appeal to Supreme Court of Canada From Exchequer Court

Legal Issues

  1. 1 Whether an affidavit stating the invention had not been patented elsewhere was materially untrue given a prior German patent and whether that voids the Canadian patent under s.29
  2. 2 Whether ss.6 and 7(1) of 11-12 Geo. V, c.44 prevent invalidation of the Canadian patent based on prior foreign patent
  3. 3 Whether absence or defect of an affidavit supporting a s.24 re-issue of a patent renders the re-issue void

Ratio Decidendi

Because the patent applicant's rights fell within the protective extension of 11-12 Geo. V c.44 ss.6 and 7(1), the existence of the German patent did not constitute a material untruth capable of avoiding the original Canadian patent absent fraud; likewise absence or defect of an affidavit supporting a s.24 re-issue does not void the re-issue in absence of fraud, and the patent recital is conclusive against attackers absent fraud.

Court Disposition

Appeal dismissed with costs; judgment of the Exchequer Court affirmed subject to modification restricting finding of infringement to claims 3, 6 and 10; injunction modified accordingly.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Exchequer Court affirmed subject to modification to restrict finding of infringement to claims 3, 6 and 10.