Hudson Luggage Supplies Inc. v. Tormont Publications Inc.
T-2686-93
Noël J.
22/12/95
8 pp.
Application for summary judgment in patent infringement action-Patented invention "Gripping Handle for Attaché Case"-Defendant's carrying case for children's books including gripping handle, hinges assembly covered by patent-Only issue whether offending product within patent claim-Construction of patent resolving question of infringement-Properly stands to be decided by way of summary judgment-Each and every element of patent claim found in defendant's hinged handle assembly-Claim not limited to handles on attaché cases-Focussing solely on inclusion of "attaché case" in claim describing hinged handle assembly whose use obviously extending to wide variety of carrying cases not looking to whole of disclosure and claims to ascertain nature of invention-Question whether persons with practical knowledge and experience in kind of work in which invention intended to be used, would understand strict compliance with particular descriptive word or phrase appearing in claim intended by patentee to be essential requirement of invention so that any variant would fall outside monopoly claimed, even though could have no material effect upon way invention worked: Catnic Components Limited and Another v. Hill & Smith Limited, [1982] R.P.C. 183-Strict compliance with word or phrase used in claim not essential requirement of invention unless obvious inventor knew failure to comply with requirement would have no material effect upon way invention worked: Eli Lilly & Co. v. O'Hara Manufacturing Ltd. (1989), 26 C.P.R. (3d) 1 (F.C.A.)-Obvious inventor knew attachment of hinged handle assembly to carrying case other than attaché case most certainly having no material effect upon way hinged handle assembly worked-Strict compliance with term "attaché case" not essential requirement of invention described in plaintiff's patent-This interpretation of claim supported by patent specification referring to handle construction for attaché case "or the like"-Defendant infringing plaintiff's patent.