Imperial Oil Ltd. v. Lubrizol Corp.
A-737-90
Mahoney J.A.
14/4/93
6 pp.
Lubrizol directed to draft and move for judgment-Two paragraphs of proposed judgment contested as departure from reasons for judgment-Lubrizol alleging judgment misapprehended facts as agreed between parties or conceded by Imperial in argument-Court erred as to expiry date of patent and failed to deal with implication of expiration date of Canadian patent before termination of license agreement-Conclusion no infringement by any product before June 30, 1982 now invalid-Referee required to consider infringement of "Meinhardt patent" after March 3, 1981-Prejudgment interest for infringement relating to "ECA 7474 and products containing it" running from date damage suffered or profits made because infringements not inadvertent-Conclusion applied equally to other products in ECA Group, including all products containing it-Consequential clarification made-Consequent on misapprehension of agreed fact as to expiry date of licence, Court not addressing possibility of infringement by certain products before March 16, 1981-Trial Judge correctly stated date plaintiffs first had knowledge of wrongful act operative date-Lubrizol's proposed judgment reflecting correct appreciation of agreed and conceded facts-Federal Court Rules, C.R.C., c. 663, R. 337(2)(b).