#Supreme Court of Canada
Detroit Rubber Products, Inc. v. Republic Rubber Co.,
[1928] S.C.R. 578
Date: 1928-04-24
Detroit Rubber
Products, Inc. (Plaintiff) Appellant;
and
Republic Rubber
Company (Defendant) Respondent.
1928: March 27, 28; 1928: April 24.
Present: Anglin C.J.C. and Duff, Mignault,
Rinfret and Smith JJ.
ON APPEAL FROM THE EXCHEQUER COURT OF CANADA
Patent—Invalidity—Lack of
invention—Anticipation—Channel rubber runways for slidable windows
APPEAL from the judgment of the Exchequer
Court of Canada (Audette J.)
dismissing the plaintiff’s action
[Page 579]
for infringement of its patent (for certain “new
and useful improvements in channel rubber runways for slidable windows”), on
the ground of invalidity of the patent.
The appeal was heard on March 27 and 28,
1928, and on April 24, 1928, the Court delivered judgment (written reasons
being given by Smith J., with whom the other members of the Court concurred)
dismissing the appeal with costs, the ground of the decision being that the
patent was invalid, because of lack of invention sufficient to form the basis
of a patent, and because, in any event, there had been anticipation of every
feature of the device in question.
Appeal dismissed with costs.
W. D. Herridge for
the appellant.
O. M. Biggar K.C. and R. S. Smart K.C.
for the respondent.
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