| Citation: |
Hershkovitz v. Tyco Products Canada Ltd., 2010 FCA 190, [2010] 3 F.C.R. D-19 |
A-150-09 |
Patents
Infringement
Appeal from Federal Court decision (2009 FC 256) dismissing appellants’ action for patent infringement—Federal Court finding appellants’ patent disclaimers invalid for adding new inventive elements to claims, broadening them—Appellants also admitting original claims too broad—Therefore patents declared invalid on account of overbreadth—Federal Court using correct approach by construing, comparing both original claims, claims as modified by disclaimers—Federal Court also finding appellants’ disclaimers not prompted by mistake, accident, inadvertence—Appellants herein arguing sufficient evidence to contrary adduced—Asking Court to reweigh evidence, reach different conclusion—However, Federal Court not making palpable, overriding error—Therefore Court cannot reweigh evidence—By conceding claims in pre-disclaimer patent too broad, appellants cannot return to patent as basis for infringement suit—Appeal dismissed.
Hershkovitz v. Tyco Safety Products Canada Ltd. (A-150-09, 2010 FCA 190, Stratas J.A., judgment dated July 19, 2010, 19 pp.)