Phostech Lithium Inc. v. Valence Technology, Inc.

The Court of Appeal granted a stay of the Order of Justice Gauthier, where an injunction issued following a finding that the patent at issue was valid and infringed. The decision is summarized here.

The Court of Appeal found that the appeal on construction is not frivolous. Furthermore, the Court of Appeal held that Phostech would suffer irreparable harm from the loss of business and from the loss of key components of the business namely, key personnel, scarce suppliers and customers whose time requirements are time sensitive. Thus, the balance of convenience favoured Phostech as the only inconvenience to Valence would be a longer period with respect to which it would be entitled to a monetary remedy.