CAMSO INC. Appellant v. SOUCY INTERNATIONAL INC., 2020 FCA 183
Opinion
Date: 20201028 Docket: A-103-19 Citation: 2020 FCA 183 [ENGLISH TRANSLATION] CORAM: NADON J.A. BOIVIN J.A. LEBLANC J.A. BETWEEN: CAMSO INC. Appellant and SOUCY INTERNATIONAL INC. and KIMPEX INC. Respondents Heard by online video conference hosted by the Registry on October 28, 2020 Judgment delivered from the Bench at Ottawa, Ontario, on October 28, 2020. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20201028 Docket: A-103-19 Citation: 2020 FCA 183 CORAM: NADON J.A. BOIVIN J.A. LEBLANC J.A. BETWEEN: CAMSO INC. Appellant and SOUCY INTERNATIONAL INC. and KIMPEX INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on October 28, 2020.)
NADON J.A. [ 1 ] The appellant is asking us to reverse a Federal Court judgment rendered by Justice Locke (the judge) on March 1, 2019 ( 2019 FC 255 ) in which he concluded that all the claims at issue were invalid on the grounds of obviousness and anticipation.
Consequently, the judge dismissed the appellant’s action against the respondents for infringement of patents 2,388,294 and 2,825,509 and 2,822,562. [ 2 ] In our view, the appeal cannot be allowed. [ 3 ] Considering that it is not our role to reassess the evidence unless we are convinced that the trial judge made a palpable and overriding error, of which we are not satisfied in this case, we are of the opinion that there is no ground to intervene. [ 4 ] Despite Mr.
Guay’s very able argument for the appellant, there is no doubt that the judge’s conclusions, which the appellant is challenging, are supported by the evidence and, therefore, the judge could reasonably conclude as he did. [ 5 ] Moreover, we are satisfied that the judge correctly applied the law. [ 6 ] For these reasons, the appeal will be dismissed with costs. “M. Nadon” J.A. Certified true translation François Brunet, Revisor FEDERAL COURT OF APPEAL SOLICITORS OF RECORD Docket: A-103-19 STYLE OF CAUSE: CAMSO INC. v. SOUCY INTERNATIONAL INC. AND KIMPEX INC.
PLACE OF HEARING: by online videoconference DATE OF HEARING: October 28, 2020 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. BOIVIN J.A. LEBLANC J.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES : François Guay Jean-Sébastien Dupont Camille Lachance Gaboury For the appellant Éric Ouimet Pascal Lauzon For the respondents SOLICITORS OF RECORD :
SMART & BIGGAR Montreal, Quebec For the appellant BCF L.L.P. Montreal, Quebec For the respondents
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