Bereskin & Parr Successfully Represents Telebrands and Supertek in Patent Infringement Action Relating to an Expandable and Contractible Hose
April 10, 2014
Bereskin & Parr’s Andrew McIntosh and Adam Bobker successfully defended Telebrands Corp. and Supertek Canada Inc. against plaintiffs, E. Mishan & Sons, Inc. and Blue Gentian LLC, in response to a claim that the defendants’ expandable and contractible products infringe certain claims of Canadian Patent No. 2,779,882 entitled "Expandable and Contractible Hose".
The Court accepted the defendants’ expert evidence that the asserted claims of the patent were obvious in view of the common general knowledge and the prior art, including a particular patent for an expandable and contractible hose (the "McDonald Patent"). The success of the products in the marketplace was not enough to establish that the subject matter of the asserted patent claims, in the objective sense, was inventive and deserving of a twenty-year monopoly.
The case began with a motion for an interim injunction, which was dismissed, and it was after an expedited trial on the issues of patent infringement and validity only, that the asserted claims of the patent were found to be invalid for obviousness.
The remaining issues in the case, relating to an allegation of industrial design infringement and counter-claims under the Trade-marks Act and Competition Act are still pending.
Further information about the case can be found here.