Phostech Lithium Inc. v. Valence Technology Inc.

This is an appeal from a decision of the Federal Court, and our summary can be found here. The Court found that the Defendant infringed the first patent at issue and the second patent was valid.

Phostech appealed with respect to the construction of one claim in a first patent and with respect to the issue of sufficiency of disclosure of a claim in a second patent. The Court held that, because the Trial Judge’s construction of the impugned word was based on the evidence of what a person skilled in the art would understand the term to mean, there was no error. Further, the Court of Appeal held that the Trial Judge’s findings with respect to the issue of sufficiency were not in error on the basis that the evidence of the understanding of a person skilled in the art supported the Trial Judge’s finding. Accordingly, the Court of Appeal dismissed the appeal.