| Citation: |
Bauer Hockey Corp. v. Easton Sports Canada Inc., 2010 FC 361, [2010] 2 F.C.R. D-10 |
T-237-02 |
Patents
Infringement
Plaintiff Bauer Hockey Corp. owner of Canadian Patent No. 2302953, PCT Patent No. PCT/CA9800845 ('953 patent) relating to design of hockey skates—Plaintiff alleging defendant not only infringing '953 patent by manufacture, sale of several skate models, but also inducing others to infringe '953 patent—For there to be infringement by inducing or procuring: (1) alleged acts must have been completed by direct infringer; (2) those acts must be influenced by alleged inducer; (3) the inducer must be knowingly exercising influence—No legal rationale requiring “intent to infringe” on part of inducer, producer—Accepting that this kind of infringement must be done deliberately, with knowledge of patent would create unjustifiable distinction between companies manufacturing own products, those who have them manufactured by others—However, knowledge of existence of patent can be part of overall circumstances considered when determining whether party deliberately inducing another—Defendant liable for infringing '953 patent in respect of skates manufactured by other company—Action allowed; counterclaim dismissed.
Bauer Hockey Corp. v. Easton Sports Canada Inc. (T-237-02, 2010 FC 361, Gauthier J., judgment dated April 1, 2010, 123 pp.)