PATENTS
Infringement
Action for infringement of Canadian patent for vertical feed mixer to mix components of feed for livestock—Patent laid open for public inspection in 2001, issued in 2003—Defendants building, selling own brand of vertical feed mixer since 2001, redesigning mixer in 2005—Defendants' original design, but not re‑designed mixer infringing patent—Damages calculated according to Patent Act, R.S.C., 1985, c. P‑4, s. 55(1) for period from grant of patent and according to s. 55(2) prior to grant of patent and after patent laid open for public inspection—General principles of damages reviewed, applied—Punitive damages not justified.
JAY‑LOR International Inc. v. Penta Farm Systems Ltd. (T‑103‑05, 2007 FC 358, Snider J., judgment dated 14/5/07, 118 pp.)