National Electric Products Corporation v. Industrial Electric Products Ltd.

National Electric Products Corporation v. Industrial Electric Products Ltd.

The appeal is dismissed because (1) the respondent's cable and the accused combination lacked novelty and inventive step — every element was old and well known at the priority date — and (2) the respondent's sale and use of bushings did not take the patented invention since the patent's essential clearance space element was absent; accordingly there was no infringement, and one judge held the patent invalid for want of invention.

Citation
[1940] SCR 406
Parties
Appellant (plaintiff): National Electric Products Corporation; Respondent (defendant): Industrial Electric Products, Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 May 1940
Procedural Posture
Patent Infringement / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Validity, Infringement, Combination Patents, Prior Art, Accessory Liability
Source Language
English
Intellectual Property Patent Law Validity Infringement Combination Patents Prior Art Accessory Liability

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Parties

National Electric Products Corporation

Appellant (plaintiff)

Industrial Electric Products, Limited

Respondent (defendant)

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondent infringed the appellant's patent for armoured electric cables
  2. 2 Whether the patent was valid for want of invention (inventive step)
  3. 3 Whether sale and insertion of bushings by respondent amounted to taking the patented invention

Ratio Decidendi

The appeal is dismissed because (1) the respondent's cable and the accused combination lacked novelty and inventive step — every element was old and well known at the priority date — and (2) the respondent's sale and use of bushings did not take the patented invention since the patent's essential clearance space element was absent; accordingly there was no infringement, and one judge held the patent invalid for want of invention.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Exchequer Court of Canada affirmed.