VANCOUVER, British Columbia–(BUSINESS WIRE)–On May 28, 2021, the Federal Court of Canada ruled in favour of DeepRoot Canada Corp. in its patent infringement lawsuit against GreenBlue Urban. The Court found that GreenBlue Urban RootSpace soil cells infringe Canadian Patent Nos. 2,552,348 and 2,829,599 and granted an injunction prohibiting GreenBlue Urban from further infringement in Canada. The Court also upheld the validity of DeepRoot’s patents, rejecting all of GreenBlue’s allegations that the DeepRoot patents were invalid. Damages for past infringement, as well as litigation costs, were awarded to DeepRoot.
Despite the Court’s judgement, GreenBlue has continued to sell the same RootSpace soil cells, now as part of a RootSpace Airform package. The Airform package is allegedly designed to reduce the available soil volume with the RootSpace product. However, DeepRoot considers the continued sale of the RootSpace soil cells with the Airform package to be an infringement of its patent rights and a violation of the Federal Court’s Judgement. DeepRoot will not tolerate continued infringement of its valuable patents and has filed proceedings with the Federal Court of Canada to hold GreenBlue Urban in contempt for its continued promotions, sales and use of the RootSpace soil cells in Canada.
Following the adjudication of the contempt proceedings, DeepRoot will continue to assert its patent rights against GreenBlue and others who install RootSpace soil cells in Canada. DeepRoot maintains a strong intellectual property portfolio including Canadian, US, and UK patents, on its Silva Cell technology.
DeepRoot Green Infrastructure develops solutions to enhance urban forests and protect surrounding watersheds in city streets, parking lots, campuses and other heavily paved areas. Silva Cell, DeepRoot’s flagship product, is an underground framework for containing lightly compacted soil that supports large trees and absorbs stormwater runoff, improving air and water quality, reducing energy loads, mitigating heat island effect and nurturing trees for a long life in their communities. Headquartered in San Francisco with locations in Vancouver and London, DeepRoot has more than forty-five years of experience helping trees thrive in cities around the world.