Deeproot Green Infrastructure, LLC v. Greenblue Urban North America Inc.

Deeproot Green Infrastructure, LLC v. Greenblue Urban North America Inc.

DeepRoot failed to prove beyond a reasonable doubt that the RootSpace AirForm meets the claimed minimum available volume (84.5%) or that the AirForm clearly contributes to the structural cell; those unresolved doubts in a contempt proceeding require giving GreenBlue the benefit of the doubt and dismissing the contempt motion.

Citation
2022 FC 709
Parties
Plaintiff/defendant by Counterclaim: DEEPROOT GREEN INFRASTRUCTURE, LLC AND DEEPROOT CANADA CORP.; Defendant/plaintiff by Counterclaim: GREENBLUE URBAN NORTH AMERICA INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 May 2022
Procedural Posture
Contempt Proceeding (alleged Breach of Patent Injunction) / Contempt Hearing — Judgment and Reasons Issued
Outcome
Motion dismissed (contempt not established)
Legal Topics
Patent Infringement, Contempt of Court, Design Around, Injunction Compliance, Inducement to Infringe
Source Language
English
Intellectual Property Patent Law Civil Procedure Contempt of Court Injunctions Patent Infringement Design Around Injunction Compliance +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

DEEPROOT GREEN INFRASTRUCTURE, LLC AND DEEPROOT CANADA CORP.

Plaintiff/defendant by Counterclaim

GREENBLUE URBAN NORTH AMERICA INC.

Defendant/plaintiff by Counterclaim

Procedural Posture

Contempt Proceeding (alleged Breach of Patent Injunction) / Contempt Hearing — Judgment and Reasons Issued

Legal Issues

  1. 1 Whether GreenBlue's sale of the RootSpace AirForm package contravened the Court's injunction and constitutes contempt
  2. 2 Whether the RootSpace AirForm falls within the scope of Canadian Patents 2,552,348 and 2,829,599 as construed (notably the ~85% available volume claim)
  3. 3 Whether the AirForm component materially contributes to the structural cell (load bearing/structural contribution)

Ratio Decidendi

DeepRoot failed to prove beyond a reasonable doubt that the RootSpace AirForm meets the claimed minimum available volume (84.5%) or that the AirForm clearly contributes to the structural cell; those unresolved doubts in a contempt proceeding require giving GreenBlue the benefit of the doubt and dismissing the contempt motion.

Court Disposition

Motion dismissed (contempt not established)

Orders

  • The motion is dismissed.
  • Costs payable to the Defendant (GreenBlue Urban North America Inc.).