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Decision in fracking suit shows importance of assessing general knowledge in patent cases: lawyer

Monday, July 30, 2018 @ 9:22 AM | By Ian Burns

A recent Federal Court of Appeal decision that overturned a lower court patent infringement ruling is being called illustrative of how a mistake in determining the common general knowledge of a person of an ordinary skill of the art (POSITA) in patent cases can have a “cascading effect” on other parts of the decision.

The case in AFD Petroleum Ltd. v. Frac Shack Inc. 2018 FCA 140, deals with claims of patent infringement on a device that refuels machinery used in the process of hydraulic fracturing,...