E. Mishan & Sons, Inc. v. Supertek Canada Inc., 2014 FC 326

One of the plaintiffs in this patent infringement suit is the inventor of Canadian Patent No. 2,779,882, a patent that claims a compact garden hose that expands to about two and a half times its length when water pressure is applied, and it retracts when the pressure is removed. Hoses that embody features of the patent are sold online and in television infomercials.

In reviewing the prior art, the Court found that a patent to a length-expandable hose used with an oxygen mask in aviation would have been found by a person of skill in the art. Armed with this patent, it was held that a skilled person would find and adapt this hose for use as a garden hose, thus the claims in issue were obvious. As a result, the infringement claim was dismissed.

Issues relating to a related industrial design and other claims under the Trade-marks Act and the Competition Act were bifurcated to a later time.