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Decision Content

PATENTS

Infringement

Plaintiff claiming City of North Bay’s use of ultraviolet drinking water disinfection system infringing its Canadian patent No. 2331525 (′525 patent)—North Bay counterclaiming ′525 patent anticipated, thus invalid—Claims of ′525 patent construed— Test for anticipation reviewed—Prior public use alone insufficient to qualify as anticipation, enabling disclosure required (i.e. disclosure enabling public to make, obtain invention)—Defendants establishing such disclosure in case at bar —′525 patent anticipated by both prior use and publication—Claim dismissed; counterclaim allowed.

Calgon Carbon Corp. v. North Bay (City) (T-1408-02, 2006 FC 1373, Mosley J., judgment dated 14/11/06, 78 pp.)

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