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Federal Court of Appeal affirms invalidity of all but a single claim for failure to meet promises in a mechanical patent In the 2012 decision of Eurocopter v Bell Helicopter Textron Canada Limiteé, 2012 FC 113, Canada's Federal Court invalidated all but one claim of a patent for helicopter landing gear on the basis that the invalidated claims encompassed an embodiment that failed to achieve the utility promised in the patent. In a recently released appeal of that decision — Bell Helicopter Textron Canada Limiteé v Eurocopter ("Eurocopter"), 2013 FCA 219 — Canada's Federal Court of Appeal has upheld this invalidity ruling. |
Smart & Biggar/Fetherstonhaugh recognized in Euromoney's Guide to the World's Leading Patent Law Practitioners Smart & Biggar/Fetherstonhaugh repeats Top Tier ranking in Managing Intellectual Property's World IP Survey |
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Follow us on: The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly. |
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