Spun Rock Wools Ltd. v. Fiberglas Canada Ltd.

Spun Rock Wools Ltd. v. Fiberglas Canada Ltd.

Majority held that claim 1 lacked the required inventive step/novelty over the prior art and common general knowledge and therefore the patent was invalid; appeal allowed and action dismissed.

Citation
[1943] SCR 547
Parties
Appellant/defendant: Spun Rock Wools Limited; Plaintiff: Fiberglas Canada Limited; Plaintiff: Owens-Corning Fiberglas Corporation; Defendant/respondent: The Custodian
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 1943
Procedural Posture
Patent Infringement / Appeal to Supreme Court of Canada From Judgment of Exchequer Court of Canada (maclean J.)
Outcome
Appeal allowed; action dismissed
Legal Topics
Validity, Inventive Step, Infringement, Licensee Standing, Damages, Remedies (injunction, Account of Profits)
Source Language
English
Intellectual Property Patent Law Validity Inventive Step Infringement Licensee Standing Damages Remedies (injunction, Account of Profits)

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Parties

Spun Rock Wools Limited

Appellant/defendant

Fiberglas Canada Limited

Plaintiff

Owens-Corning Fiberglas Corporation

Plaintiff

The Custodian

Defendant/respondent

Procedural Posture

Patent Infringement / Appeal to Supreme Court of Canada From Judgment of Exchequer Court of Canada (maclean J.)

Legal Issues

  1. 1 Validity of claim 1 (novelty and inventive step)
  2. 2 Whether respondents as licensees could maintain action and measure of damages
  3. 3 Appropriate remedies for infringement (injunction, damages or profits)

Ratio Decidendi

Majority held that claim 1 lacked the required inventive step/novelty over the prior art and common general knowledge and therefore the patent was invalid; appeal allowed and action dismissed.

Court Disposition

Appeal allowed; action dismissed

Orders

  • Appeal allowed
  • Action dismissed with costs throughout