dTechs EPM Ltd. v. British Columbia Hydro and Power Authority

Parties

Procedural Posture

Patent Infringement and Validity Challenge / Trial Judgment (federal Court Final Judgment)

Legal Issues

1. 1 Whether BC Hydro and/or Awesense infringe asserted claims of Canadian Patent 2,549,087
2. 2 Proper construction of key claim terms: "known consumption patterns", "notifying the utility", "connecting the meter to a primary supply line"
3. 3 Whether the asserted claims are invalid for anticipation and/or obviousness

Ratio Decidendi

On purposive construction the phrase "known consumption patterns" in the asserted independent claims is limited to historical or predicted consumption patterns and excludes same-time reconciliation using smart-meter data; the step of "notifying the utility" is non‑essential; applying those constructions, dTechs failed to prove that BC Hydro or Awesense perform the claimed method steps as required and thus do not infringe; furthermore the asserted claims are invalid for anticipation and obviousness based on prior public use by utilities and prior publications, so the asserted claims are void.

Court Disposition

Judgment for Defendants: no infringement; asserted claims invalid

Orders

• Neither British Columbia Hydro and Power Authority nor Awesense Wireless Inc., individually or together, infringes the asserted claims of Canadian Patent 2,549,087.
• Independent claims 1 and 21 and dependent claims 4 to 9, 13 to 20, 22 to 29 and 33 to 35 are declared invalid for anticipation and obviousness.