Patent For Detecting Marijuana Grow-Ops Found Not Infringed And Invalid

In Dtechs EPM Ltd. v British Columbia Hydro and Power Authority and Awesense Wireless Inc., 2021 FC 190, Justice Fothergill addressed allegations of patent infringement concerning Canadian Patent No. 2,549,087 (the "087 Patent"), which relates generally to monitoring usage of electrical utilities to detect potential instances of atypical consumption or theft, such as theft of electricity related to the indoor cultivation of marijuana.  The Defendants BC Hydro and Awesense successfully defended the claims of patent infringement.  Justice Fothergill concluded that not only had neither of the Defendants infringed any of the asserted claims of the 087 Patent, but also the 087 Patent was invalid for anticipation based on multiple prior disclosures and for obviousness.  Although the Defendants presented numerous additional defences, none of them needed to be addressed in view of the findings of non-infringement, anticipation and obviousness.