Law360 Canada (July 10, 2024, 1:24 PM EDT) -- Appeal by appellants from dismissal by federal court of its patent infringement action on motion for summary trial against respondent. The appellants claimed that the respondents infringed their 085 patent for a floating liquefied natural gas (LNG) facility by using the patented invention. Specifically, the appellants alleged that the respondents infringed by sharing with potential business partners a preliminary design for an LNG facility that, if built, would incorporate the essential elements of the appellants’ patented invention. The respondents shared conceptual designs but did not construct the patented facility. The appellants argued this amounted to infringing “use” by commercially exploiting the patent's advantages. The respondents countered that they did not construct or operate the invention, and sharing conceptual designs was not “use” under the Patent Act (Act). The federal court found that the respondents did not “use” the patented invention. On appeal, the appellants claimed that the motion judge erred in law by requiring that the patented invention be built as a pre-condition to infringement by “using” under s. 42 of the Act and that he erred in interpreting “use” and in granting summary judgment without a full evidentiary record....