Human Care Canada Inc. v. Evolution Technologies Inc.

Human Care Canada Inc. v. Evolution Technologies Inc.

The 392 Patent is valid and Claims 16 and 18 were infringed by Evolution Technologies Inc.; accordingly the plaintiff is entitled to a permanent injunction (with limited repair exception), destruction or delivery up of infringing Xpresso Rollators, an accounting and disgorgement of profits (including specified lump sums for defined periods and an updated calculation for later periods), pre‑ and post‑judgment interest and costs; the defendant's counterclaim is dismissed.

Citation
2018 FC 1304
Parties
Plaintiff / Defendant by Counterclaim: Human Care Canada Inc.; Defendant / Plaintiff by Counterclaim: Evolution Technologies Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 December 2018
Procedural Posture
Patent Infringement / Final Judgment (supplementary)
Outcome
Judgment for Plaintiff: patent upheld, infringement found, counterclaim dismissed, injunction and monetary and ancillary relief awarded.
Legal Topics
Validity, Infringement, Injunction, Accounting and Disgorgement, Pre‑ and Post‑judgment Interest, Costs
Source Language
English
Patent Law Intellectual Property Civil Remedies Validity Infringement Injunction Accounting and Disgorgement Pre‑ and Post‑judgment Interest +1 more

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Parties

Human Care Canada Inc.

Plaintiff / Defendant by Counterclaim

Evolution Technologies Inc.

Defendant / Plaintiff by Counterclaim

Procedural Posture

Patent Infringement / Final Judgment (supplementary)

Legal Issues

  1. 1 Whether Canadian Patent No. 2,492,392 is valid
  2. 2 Whether the Defendant infringed Claims 16 and 18 of the 392 Patent
  3. 3 Appropriate remedies including injunction, destruction or delivery up, accounting of profits, interest and costs

Ratio Decidendi

The 392 Patent is valid and Claims 16 and 18 were infringed by Evolution Technologies Inc.; accordingly the plaintiff is entitled to a permanent injunction (with limited repair exception), destruction or delivery up of infringing Xpresso Rollators, an accounting and disgorgement of profits (including specified lump sums for defined periods and an updated calculation for later periods), pre‑ and post‑judgment interest and costs; the defendant's counterclaim is dismissed.

Court Disposition

Judgment for Plaintiff: patent upheld, infringement found, counterclaim dismissed, injunction and monetary and ancillary relief awarded.

Orders

  • Canadian Patent No. 2,492,392 and each of its claims are declared valid
  • Defendant infringed Claims 16 and 18 of the 392 Patent by manufacture, use, offer for sale, sale, import and export in Canada of Xpresso Rollators