Radio Corporation of America v. Philco Corporation (Delaware)

Radio Corporation of America v. Philco Corporation (Delaware)

The Court held that s.45(8) limits Exchequer Court proceedings to determination of the respective rights in respect of the subject matter of the claims put in conflict by the Commissioner of Patents and that s.21 of the Exchequer Court Act does not confer a broader right to attack claims not found in conflict; therefore the challenged amendments were properly struck out and the appeal dismissed.

Citation
[1966] SCR 296
Parties
Plaintiff Appellant: Radio Corporation of America; Defendant Respondent: Philco Corporation (Delaware)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 January 1966
Procedural Posture
Patent Appeal / Appeal From Exchequer Court (motion Striking Parts of Amended Statement of Claim)
Outcome
Appeal dismissed with costs.
Legal Topics
Conflicting Patent Applications, Patent Practice and Procedure, Jurisdiction of Exchequer Court, Interpretation of Patent Act S.45, Exchequer Court Act S.21
Source Language
English
Intellectual Property Patent Law Conflicting Patent Applications Patent Practice and Procedure Jurisdiction of Exchequer Court Interpretation of Patent Act S.45 Exchequer Court Act S.21

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Parties

Radio Corporation of America

Plaintiff Appellant

Philco Corporation (Delaware)

Defendant Respondent

Procedural Posture

Patent Appeal / Appeal From Exchequer Court (motion Striking Parts of Amended Statement of Claim)

Legal Issues

  1. 1 Whether proceedings under Patent Act s.45(8) are confined to claims found in conflict by the Commissioner of Patents
  2. 2 Whether s.21 of the Exchequer Court Act permits an applicant to attack claims not found in conflict by the Commissioner
  3. 3 Whether legislative history limits Exchequer Court remedies in conflicting patent applications to rights conferred by the Patent Act

Ratio Decidendi

The Court held that s.45(8) limits Exchequer Court proceedings to determination of the respective rights in respect of the subject matter of the claims put in conflict by the Commissioner of Patents and that s.21 of the Exchequer Court Act does not confer a broader right to attack claims not found in conflict; therefore the challenged amendments were properly struck out and the appeal dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Amendments to the amended statement of claim — paragraphs 10 to 19 inclusive and paragraph (a) of the prayer — struck out (paragraph 18 not in issue on appeal).
  • Appeal dismissed with costs.