Collette v. Lasnier

Collette v. Lasnier

Majority held that the appellants' machine was a colorable imitation of the respondent's patented machine and therefore infringed the patent; there is no requirement to set aside the appellants' patent by scire facias before obtaining relief for infringement; however, defendants' profits were not a proper measure of damages in the absence of evidence (costs, fair royalty, or actual loss), and the appellate court reduced damages to $100.

Citation
(1886) 13 SCR 563
Parties
Appellants / Defendants: Auguste F. Collette et al.; Respondent / Plaintiff: Jean Baptiste Lasnier
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 March 1886
Procedural Posture
Patent Infringement (intellectual Property) / Appeal to Supreme Court of Canada From Court of Queen's Bench (appeal Side) (on Appeal From Superior Court)
Outcome
Appeal dismissed as to infringement; judgment below affirmed that appellants infringed and injunction stands; appeal allowed as to quantum of damages and award reduced.
Legal Topics
Patent Validity, Infringement, Damages, Scire Facias, Reasonable Royalty
Source Language
English
Intellectual Property Patent Law Civil Remedies Patent Validity Infringement Damages Scire Facias Reasonable Royalty

Case Brief

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Parties

Auguste F. Collette et al.

Appellants / Defendants

Jean Baptiste Lasnier

Respondent / Plaintiff

Procedural Posture

Patent Infringement (intellectual Property) / Appeal to Supreme Court of Canada From Court of Queen's Bench (appeal Side) (on Appeal From Superior Court)

Legal Issues

  1. 1 Whether the defendants' patent was a fraudulent imitation of the plaintiff's patent (infringement)
  2. 2 Whether an action for infringement requires prior repeal of the defendants' patent by scire facias
  3. 3 Whether the plaintiff's patent was novel and valid or merely a combination of old elements

Ratio Decidendi

Majority held that the appellants' machine was a colorable imitation of the respondent's patented machine and therefore infringed the patent; there is no requirement to set aside the appellants' patent by scire facias before obtaining relief for infringement; however, defendants' profits were not a proper measure of damages in the absence of evidence (costs, fair royalty, or actual loss), and the appellate court reduced damages to $100.

Court Disposition

Appeal dismissed as to infringement; judgment below affirmed that appellants infringed and injunction stands; appeal allowed as to quantum of damages and award reduced.

Orders

  • Injunction restraining appellants from using the patented machine (upheld)
  • Appellants ordered to pay damages to respondent in the amount of CAD 100