In December 2020, Osler represented defendant Awesense Wireless at the trial of a patent infringement action brought by dTechs EPM Ltd. against Awesense and British Columbia Hydro and Power Authority. The case related to the use of technology for detecting power losses in an electrical distribution grid. The plaintiff alleged that Awesense had infringed a patented method (claimed in the 087 Patent) by supplying hardware and software to co-defendant BC Hydro. The plaintiff sought unspecified damages, as well as a permanent injunction restraining the defendants from using the theft detection system at issue. The issuance of an injunction would have potentially far-reaching implications for other power utilities, as well as for electricity rate payers.
In March 2021, the Federal Court of Canada held the 087 Patent to be invalid and not infringed by either defendant. On the evidence and after interpreting the asserted claims, the Court confirmed that a party like Awesense that supplies hardware and SaaS cannot infringe a patent without evidence of inducement or an agreement to infringe. The Court noted that Awesense itself did not perform the essential steps and methods claimed in the 087 Patent, and that there was no evidence that Awesense had ever induced BC Hydro to infringe the claims. The plaintiff dTechs has now appealed this judgment.
Awesense Wireless is a digital energy platform specializing in the decarbonization and decentralization of the energy system.
Osler, Hoskin & Harcourt LLP advised Awesense Wireless with a team consisting of Vincent de Grandpré and Kenza Salah (Intellectual Property).