Camso Inc. v. Soucy International Inc.

Camso Inc. v. Soucy International Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2020-10-28
Neutral citation
2020 FCA 183
File numbers
A-103-19
Decision Content
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