Detroit Rubber Products, Inc. v. Republic Rubber Co.

Detroit Rubber Products, Inc. v. Republic Rubber Co.
Collection
Supreme Court Judgments
Date
1928-04-24
Report
[1928] SCR 578
Judges
Anglin, Francis Alexander; Duff, Lyman Poore; Mignault, Pierre-Basile; Rinfret, Thibaudeau; Smith, Robert
On appeal from
Canada
Subjects
Intellectual property
Decision Content
#Supreme Court of Canada
Detroit Rubber Products, Inc. v. Republic Rubber Co., [1928] S.C.R. 578
Date: 1928-04-24
Detroit Rubber Products, Inc. (Plaintiff) Appellant;
and
Republic Rubber Company (Defendant) Respondent.
1928: March 27, 28; 1928: April 24.
Present: Anglin C.J.C. and Duff, Mignault, Rinfret and Smith JJ.
ON APPEAL FROM THE EXCHEQUER COURT OF CANADA
Patent—Invalidity—Lack of invention—Anticipation—Channel rubber runways for slidable windows
APPEAL from the judgment of the Exchequer Court of Canada (Audette J.)[1] dismissing the plaintiff’s action for infringement of its patent (for certain “new and useful improvements in channel rubber runways for slidable windows”), on the ground of invalidity of the patent.
The appeal was heard on March 27 and 28, 1928, and on April 24, 1928, the Court delivered judgment (written reasons being given by Smith J., with whom the other members of the Court concurred) dismissing the appeal with costs, the ground of the decision being that the patent was invalid, because of lack of invention sufficient to form the basis of a patent, and because, in any event, there had been anticipation of every feature of the device in question.
Appeal dismissed with costs.
W. D. Herridge for the appellant.
O. M. Biggar K.C. and R. S. Smart K.C. for the respondent.
[1] [1928] Ex. C.R. 29.