Flatwork Technologies, LLC (Powerblanket) v. Brierley

Flatwork Technologies, LLC (Powerblanket) v. Brierley

On the Sanofi framework and purposive claim construction the '341 Patent was obvious at the claim date (April 25, 2002) to a POSITA given prior art and common general knowledge; no genuine issue for trial existed on obviousness; summary judgment granted invalidating the patent and ordering CIPO to void it; costs...

Source-derived case information.

Citation
2020 FC 997
Parties
Plaintiff: Flatwork Technologies, LLC (doing business as Powerblanket); Defendant: Susan Brierley
Court
Federal Court
Jurisdiction
Canada
Judgment Date
22 October 2020
Procedural Posture
Patent Impeachment Under Patent Act S.60(1) / Motion for Summary Judgment (granted)
Outcome
Plaintiff's motion for summary judgment granted; Canadian Patent No. 2,383,341 declared invalid and void
Legal Topics
Obviousness, Anticipation, Utility, Claim Construction, Summary Judgment, Expert Evidence, Costs
Source Language
english
Intellectual Property Patent Law Civil Procedure Obviousness Anticipation Utility Claim Construction Summary Judgment +2 more

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Parties

Flatwork Technologies, LLC (doing business as Powerblanket)

Plaintiff

Susan Brierley

Defendant

Procedural Posture

Patent Impeachment Under Patent Act S.60(1) / Motion for Summary Judgment (granted)

Legal Issues

  1. 1 Whether Canadian Patent No. 2,383,341 is invalid for obviousness under s.28.3 of the Patent Act
  2. 2 Whether the patent is invalid for anticipation under s.28.2 of the Patent Act
  3. 3 Whether claim 5 lacks utility under s.2 of the Patent Act

Ratio Decidendi

On the Sanofi framework and purposive claim construction the '341 Patent was obvious at the claim date (April 25, 2002) to a POSITA given prior art and common general knowledge; no genuine issue for trial existed on obviousness; summary judgment granted invalidating the patent and ordering CIPO to void it; costs awarded to plaintiff.

Court Disposition

Plaintiff's motion for summary judgment granted; Canadian Patent No. 2,383,341 declared invalid and void

Orders

  • The Plaintiff's motion for summary judgment is granted
  • Canadian Patent No. 2,383,341 is invalid and void pursuant to section 60(1) of the Patent Act