PATENTS |
Infringement |
Illinois Tool Works Inc. v. Cobra Anchors Co.
T-2313-96
2002 FCT 829, Pelletier J.
29/7/02
63 pp.
Action against defendant for infringement of Canadian patent for drywall anchors--Defendant counterclaiming patent invalid for obviousness, claiming more than disclosed, lack of utility--Claim of infringement dismissed; counterclaim alleging invalidity dismissed--No significance to fact officers of defendant had knowledge of plaintiffs' patent, attempted to design non-infringing anchor-- Infringement not matter of intention--Application of principles of patent interpretation set out in Free World Trust v. Électro-Santé Inc., [2000] 2 S.C.R. 1024--Among essential elements of claims of patent in suit: presence of drilling end, ability to use fastener longer than body of anchor due to ability of distal end to deflect to allow passage of fastener-- Defendant's devices do not infringe claims in suit as, while can be made to allow passage of fastener beyond distal end, this renders device less useful, essentially abuse of device--Claim of invalidity on basis of obviousness, lack of inventiveness also failing as while most, if not all of elements of invention within common knowledge of person skilled in art, no obvious, non-inventive way of combining them as inventor did not achieve useful result--Plaintiff entitled to declaration patent valid, subsisting as regards defendant--Defendant entitled to declaration two of its products not infringing plaintiff's patent.