Case Comment

Skelding v.
Daly et al.

citation(s): (1941), 2 Fox PC 61 per O'Halloran J.A. (BCCA)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At. p.68:

"Shortly stated any act which interferes with the full enjoyment of the monopoly granted to the patentee is an infringement. This appears to be the ratio decidendi of Saccharin Corporation v. Anglo-Continental Chemical Works, Ltd. (1900), 70 L.J. Ch. 194, Buckley J. at p. 196, and is so cited in Fox, supra, at p. 313."

At. p.68:

"Even if Daly made no charge for the complete burner delivered Thomas on 22nd November, 1937, infringement is not thereby excluded. For the public is prohibited by the Patent Act from putting the invention into practice, and although a person may derive no profit pecuniary or otherwise from his interference with the monopoly of the patentee, it is none the less an infringement, vide Fox, supra, at p. 313."

At. p.68:

"Moreover a person may infringe a patent although he does not know he has infringed it, vide Fox, supra, at p. 269, citing Young v. Rosenthal (1884), 1 R.P.C. 29, at 39."


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