The appellant appealed a trial judgment dismissing its action for breach of a licensing agreement and patent infringement.
The trial judge found that the respondent's accused products did not infringe the appellant's U.S. patent for a self-ligating orthodontic bracket because the accused products' locking shutter moved primarily through rotation rather than the purely sliding motion required by the patent claims.
The Court of Appeal upheld the trial judgment, finding no error in the trial judge's construction of the patent claims within the context of the specification.
The court also upheld the costs award against the appellant.
