PATENTS - Claims - Construction - Defences to infringement

Law360 Canada ( April 8, 2021, 6:16 AM EDT) -- Appeal by Western Oilfield and FP Marangoni Inc. (FPM) from a Federal Court decision finding they infringed certain claims of the respondent’s 173 Patent related to shale shakers. The 173 Patent described a continuing desire for shakers having increased fluid capacity, increased fluid flow-through rates across the screens and improved fluid removal efficiencies. The appellants argued that the Federal Court erred in construing the claims, in dismissing the appellants’ arguments regarding invalidity and in finding the appellants liable for infringement. The appellants argued that FPM stopped doing business in 2014, prior to the issuance of the 173 Patent, and thus could not be liable for infringement. The appellants also argued that there was no direct evidence of Western’s customers receiving instructions and being induced to infringe....
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