Anastassia Trifonova

This case involves a patent infringement dispute remanded from the Federal Court of Appeal concerning Canadian Patent 2,766,249 for a tilt correction system for rail seat abrasion.

The Court had to determine whether the remanded claims were obvious and invalid.

The Court found that the defendant failed to prove that the specific "tilt correction factor" in Claims 2 to 6, 8 to 10, and 13 to 17 was obvious, as there was insufficient evidence that it was disclosed in prior art.

However, applying the principle of claim differentiation, the Court held that independent Claims 1 and 12, which broadly claimed tilt correction, were obvious in light of prior art and were therefore invalid.

The counterclaim was allowed in part.

The plaintiffs, creators of the cult film 'The Room', sought to extend an interlocutory injunction restraining the release of the defendants' documentary 'Room Full of Spoons'.

The defendants moved to dissolve the injunction, arguing material non-disclosure on the initial ex parte motion and failure to meet the test for an injunction.

The court dissolved the injunction, finding the plaintiffs failed to disclose material facts, including that the documentary's use of film excerpts likely constituted fair dealing.

The court also held that the plaintiffs failed to establish irreparable harm and that the balance of convenience strongly favoured the defendants' right to freedom of expression.