Rivard Instruments Inc. v. Ideal Instruments Inc.
The motion for summary judgment was dismissed because there is a genuine issue for trial created by directly conflicting expert evidence on whether the defendant's product falls within the patent claim.
- Citation
- 2007 FC 870
- Parties
- Plaintiff: Rivard Instruments Inc.; Defendant: Ideal Instruments Inc.
- Court
- Federal Court
- Jurisdiction
- Canada
- Judgment Date
- 29 August 2007
- Procedural Posture
- Patent Infringement; Summary Judgment Motion / Motion for Summary Judgment (dismissed)
- Outcome
- Motion for summary judgment dismissed
- Legal Topics
- Summary Judgment, Claim Construction, Expert Evidence, Infringement, Industrial Metallurgical Composition
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rivard Instruments Inc.
Plaintiff
Ideal Instruments Inc.
Defendant
Procedural Posture
Patent Infringement; Summary Judgment Motion / Motion for Summary Judgment (dismissed)
Legal Issues
- 1 Whether summary judgment is appropriate where there is conflicting expert evidence
- 2 Whether the defendant's cannula composed of duplex stainless steel falls outside the patent claim for ferritic stainless steel
- 3 Whether the term 'ferritic stainless steel' in the disclosure excludes duplex stainless steel
Ratio Decidendi
The motion for summary judgment was dismissed because there is a genuine issue for trial created by directly conflicting expert evidence on whether the defendant's product falls within the patent claim.
Court Disposition
Motion for summary judgment dismissed
Orders
- Motion for summary judgment dismissed with costs
- Action to proceed to trial
Full Case Text
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