Tatuyou, LLC v. H2Ocean Inc.

Tatuyou, LLC v. H2Ocean Inc.

Default judgment was dismissed because the plaintiff failed to meet its evidentiary burden under the balance of probabilities standard: the affidavit evidence was conclusory and did not enable claim construction (no evidence from a person skilled in the art), did not establish how the allegedly infringing product...

Source-derived case information.

Citation
2020 FC 865
Parties
Applicant: TATUYOU, LLC; Respondent: H2OCEAN INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 August 2020
Procedural Posture
Patent Infringement / Motion for Default Judgment Dismissed; Action Ordered to Proceed to Trial
Outcome
Motion for default judgment dismissed; action to proceed to trial under subrule 210(4)(c); no order as to costs.
Legal Topics
Default Judgment, Claim Construction, Evidence Standard, Jurisdictional Service, Damages
Source Language
english
Intellectual Property Patent Law Civil Procedure Default Judgment Claim Construction Evidence Standard Jurisdictional Service Damages

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Parties

TATUYOU, LLC

Applicant

H2OCEAN INC.

Respondent

Procedural Posture

Patent Infringement / Motion for Default Judgment Dismissed; Action Ordered to Proceed to Trial

Legal Issues

  1. 1 Whether default judgment should be granted against a defendant in default
  2. 2 Whether the plaintiff adduced sufficient evidence to prove patent ownership, claim construction, infringement and Canadian sales on a balance of probabilities
  3. 3 Whether expert evidence was required to construe patent claims and prove infringement

Ratio Decidendi

Default judgment was dismissed because the plaintiff failed to meet its evidentiary burden under the balance of probabilities standard: the affidavit evidence was conclusory and did not enable claim construction (no evidence from a person skilled in the art), did not establish how the allegedly infringing product meets claim elements, and did not establish that sales occurred in Canada or quantifiable damages; therefore the motion could not succeed and the action must proceed to trial.

Court Disposition

Motion for default judgment dismissed; action to proceed to trial under subrule 210(4)(c); no order as to costs.

Orders

  • The plaintiff's motion for default judgment is dismissed.
  • The action will proceed forward to a trial under subrule 210(4)(c).