Georgetown Rail Equipment Company v. Rail Radar Inc. and Tetra Tech EBA Inc., 2018 FC 70
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2018 FC 70 |
| Date | 31 January 2018 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
9 practice notes
-
Valeant Canada LP/Valeant Canada S.E.C. v. Generic Partners Canada Inc., 2019 FC 253
...directly, or by inference, why the claimed invention was not discovered by others (Georgetown Rail Equipment Company v Rail Radar Inc, 2018 FC 70 at para 149 [Georgetown]). Valeant says the absence of any comparable invention in the prior art, particularly respecting the shape of the dosage......
-
Georgetown Rail Equipment Company v. Tetra Tech Eba Inc., 2023 FC 347
...( 2019 FCA 203 ), provides some clarification at paragraphs 10 and 134: 3. The decision of the Federal Court [10] For reasons indexed as 2018 FC 70, the Federal Court found that the patents were not invalid on the ground of obviousness. The Federal Court went on to find that the essential e......
-
Tetra Tech EBA Inc. v. Georgetown Rail Equipment Company, 2019 FCA 203
...to a person skilled in the art of the subject matter of the patents. 3. The decision of the Federal Court [10] For reasons indexed as 2018 FC 70, the Federal Court found that the patents were not invalid on the ground of obviousness. The Federal Court went on to find that the essential elem......
-
Rovi Guides, Inc. v Videotron Ltd., 2022 FC 874
...bears the onus to prove each of its invalidity attacks on a balance of probabilities: Georgetown Rail Equipment Company v Rail Radar Inc, 2018 FC 70 at para. 109 aff’d on this point in 2019 FCA 203, at para 57. [217] The onus rests on the patentee, Rovi in this case, to prove infring......
Request a trial to view additional results
5 cases
-
Valeant Canada LP/Valeant Canada S.E.C. v. Generic Partners Canada Inc., 2019 FC 253
...directly, or by inference, why the claimed invention was not discovered by others (Georgetown Rail Equipment Company v Rail Radar Inc, 2018 FC 70 at para 149 [Georgetown]). Valeant says the absence of any comparable invention in the prior art, particularly respecting the shape of the dosage......
-
Georgetown Rail Equipment Company v. Tetra Tech Eba Inc., 2023 FC 347
...( 2019 FCA 203 ), provides some clarification at paragraphs 10 and 134: 3. The decision of the Federal Court [10] For reasons indexed as 2018 FC 70, the Federal Court found that the patents were not invalid on the ground of obviousness. The Federal Court went on to find that the essential e......
-
Tetra Tech EBA Inc. v. Georgetown Rail Equipment Company, 2019 FCA 203
...to a person skilled in the art of the subject matter of the patents. 3. The decision of the Federal Court [10] For reasons indexed as 2018 FC 70, the Federal Court found that the patents were not invalid on the ground of obviousness. The Federal Court went on to find that the essential elem......
-
Rovi Guides, Inc. v Videotron Ltd., 2022 FC 874
...bears the onus to prove each of its invalidity attacks on a balance of probabilities: Georgetown Rail Equipment Company v Rail Radar Inc, 2018 FC 70 at para. 109 aff’d on this point in 2019 FCA 203, at para 57. [217] The onus rests on the patentee, Rovi in this case, to prove infring......
Request a trial to view additional results
4 firm's commentaries
-
Year-End Round-Up: Notable Canadian Patent Cases Of 2018
...30% of its business compared to less than 5% of Stelpro's. Georgetown Rail Equipment Company v Rail Radar Inc. and Tetra Tech EBA Inc., 2018 FC 70 Georgetown claimed that Tetra Tech infringed its patents 2,572,082 and 2,766,249 relating to an automated system and method for inspecting railr......
-
Year-end Round-up: Notable Canadian Patent Cases of 2018
...Stelpro’s. Georgetown Rail Equipment Company v Rail Radar Inc. and Tetra Tech EBA Inc., 2018 FC 70 Georgetown claimed that Tetra Tech infringed its patents 2,572,082 and 2,766,249 relating to an automated system and method for inspecting railroad track. Tetra defended on the basis of obviou......
-
Canadian Patent Law: 2018 Year In Review
...test was also met. Railroad Inspection Patents Found Valid and Infringed In Georgetown Rail Equipment Company v. Rail Radar Inc., 2018 FC 70, the Court found two patents related to railroad inspection technology valid and At trial, obviousness and infringement were the main issues. The pate......
-
Implicit Common General Knowledge Renders Claims Obvious: Tetra Tech EBA Inc. v. Georgetown Rail Equipment Company
...[2] Tetra FCA at para. 63. [3] Ibid at paras. 66, 71-73. [4] Ibid at para. 134. [5] Georgetown Rail Equipment Company v. Rail Radar Inc., 2018 FC 70, at para. 146 ("Tetra [6] Tetra FC at para. 148. [7] Ibid at para. 187. [8] Tetra at para. 63. [9] Ibid at paras. 66, 71. [10] Ibid at paras. ......