Maclennan v. Gilbert Tech Inc.

Maclennan v. Gilbert Tech Inc.

Plaintiffs failed to establish the first element of contributory infringement because purchasers lawfully repairing a patented Quadco combination by replacing worn teeth with Gilbert parts do not constitute direct infringers; Gilbert supplied only replacement teeth and adapters, not the patented tooth holder or the...

Source-derived case information.

Citation
2006 FC 1038
Parties
Plaintiff: Charles D. Maclennan; Plaintiff: Quadco Equipment Inc.; Defendant: Gilbert Tech Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
1 September 2006
Procedural Posture
Patent Infringement / Judgment at Trial (remitted by Court of Appeal for Redetermination on Inducement Allegations)
Outcome
Action for patent infringement dismissed
Legal Topics
Contributory Infringement, Inducement, Repair Doctrine, Replacement Parts, Remittal From Court of Appeal
Source Language
english
Patent Law Intellectual Property Civil Litigation Contributory Infringement Inducement Repair Doctrine Replacement Parts Remittal From Court of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Charles D. Maclennan

Plaintiff

Quadco Equipment Inc.

Plaintiff

Gilbert Tech Inc.

Defendant

Procedural Posture

Patent Infringement / Judgment at Trial (remitted by Court of Appeal for Redetermination on Inducement Allegations)

Legal Issues

  1. 1 Whether defendant is liable for inducement (contributory infringement) by supplying replacement teeth and adapters
  2. 2 Whether purchasers' installation of replacement teeth on patented Quadco tooth holders constitutes direct infringement
  3. 3 Whether purchasers have a right to repair damaged components of a patented combination

Ratio Decidendi

Plaintiffs failed to establish the first element of contributory infringement because purchasers lawfully repairing a patented Quadco combination by replacing worn teeth with Gilbert parts do not constitute direct infringers; Gilbert supplied only replacement teeth and adapters, not the patented tooth holder or the complete patented combination, and therefore Gilbert cannot be held liable for inducement.

Court Disposition

Action for patent infringement dismissed

Orders

  • The action for infringement be dismissed.