Baldwin Int'l Radio Co. of Canada Ltd. v. Western Electric Co. Inc. et al  

citation(s): [1934] 4 D.L.R. 129 at pp. 133, [1934] S.C.R. 570 (S.C.C. per Duff C.J.).

  Case Comment  copyright 1997-2007 Donald M. Cameron




The Decision

At p. 574

"And, where the language of the specification, upon a reasonable view of it, can be so read as to afford the inventor protection for that which he has actually in good faith invented, the court, as a rule, will endeavour to give effect to that construction."

At p. 586:

"Infringement is a mixed question of law and fact. First of all, it involves the construction of the specification and, if there is any dispute about that, the issue, let me repeat, is an issue of law for the Court."


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