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ARTICLE · 14 NOVEMBER 2016

A Quick Proceeding for Quick Couplers – Summary Trial Finding of Patent Non-infringement

On October 6, 2016, Justice Southcott dismissed Cascade's patent infringement action against Kinshofer in a motion for summary trial. Kinshofer did not contest the validity of the 065 Patent but asserted a defence of non-infringement.

CanadaIntellectual Property

On October 6, 2016, Justice Southcott dismissed Cascade's patent infringement action against Kinshofer in a motion for summary trial. Kinshofer did not contest the validity of the 065 Patent but asserted a defence of non-infringement.

Background

The 065 Patent is directed to safety locking devices for quick couplers used with machines, like excavators, for quickly attaching implements to the end of the excavator arm. Each implement is equipped with a front pin and a back pin. The machine operator first causes one portion of the coupler to engage the front pin and then lowers a second portion of the coupler onto the back pin. A locking mechanism is then activated to hold the back pin and therefore the implement in place. If the back pin is not properly engaged the implement may detach. Safety locking devices, including the one disclosed in the 065 Patent, prevent detachment by securing the front pin in the coupler preventing detachment even if the back pin is not

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