Masonry Magazine August 1998 Page. 3
NOT A GAME...
Federal Court of Canada
Trial Division
Presided by the Sonorable
Judge John D. Richard
Avant-Garde Engineering (1994) inc.
and
Fraco (...)
File: T-309-95
OTTAWA (ONTARIO), ON THE 7th DAY OF MAY, 1998
THE COURT ORDERS:
1) Canadian letters Patent No. 1,304,109 belonging to Plaintiff (Avant-Garde) and the claims 1,2,13 and 15 are valid;
2) Defendants (Fraco) have infringed claims 1,2 and 13 of the Canadian Patent 1,304,109;
3) To defendants, its managers, directors, shareholders, employees, mandataries, agents and all other persons having knowledge of the present order to immediately cease and desist from all manufacture, use, sale or commercialization directly or indirectly of hydraulic scaffoldings constituting an infringement of the rights of plaintiff in the Canadian Patent 1,304,109;
4) The destruction of all hydraulically powered raising systems on all apparatus in the possession or under the control of the defendants after the end of the delay for appeal has lapsed;
5) The accounting of profits of the defendants after a hearing before a prothonotary or a judge designated by the Assistant Chief Justice;
6) The cost of this action, including the experts fees, to be taxed by the taxation officer, are granted in favor of the Plantiff and the defendant on on the cross-demand (Avant-Garde);
7) The cross-demand (of Fraco) is dismissed with costs.
Hydro Mobile
AVANT-GARDE ENGINEERING 1994 INC.
125 DE LINDUSTRIE L'ASSOMPTON, QUEBEC, CANADA, JSW 219
514.589-0503 FAX: 514.589-0370
1-888-484-9376
hydro@hydro-mobile.com
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