As Inventor of the Soil Cell, GreenBlue Urban Appeals Canadian Patent Infringement Ruling

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GreenBlue Urban Canada RootSpace Litigation Announcement

GreenBlue Urban Ltd pioneered the world’s first soil cell for urban tree planting and launched it to market in 2001. Its popularity grew at an unprecedented pace as customers lauded a solution to solve the problem caused by tree roots damaging the urban hardscape, and simultaneously provide uncompacted soil volumes for roots to grow into. From there, GreenBlue led the way with additional soil cell designs, ultimately combining our firm’s extensive knowledge and experience to design and produce the renowned RootSpace system.

After the launch of GreenBlue Urban’s soil cell, a competitor (DeepRoot Green Infrastructure, LLC) entered the market and started using the concept of a plastic structure to protect the soil for tree planting and growth. DeepRoot patented the concept and have since filed a patent infringement lawsuit against GreenBlue Urban.

On May 28, 2021 a trial Judge in Canada ordered that GreenBlue Urban not supply the current configuration of RootSpace in Canada until the expiry of DeepRoots’ patents. GreenBlue Urban disagrees with the merit of the Canadian court and have appealed the ruling. The Appeal File Number is A-181-21 (T-954-18) filed with the Federal Court of Canada on June 28, 2021.

To comply with the Canadian court’s injunction in the meantime, GreenBlue has introduced the RootSpace AirForm package. The unique AirForm Panel slightly reduces the available soil volume, and thus allows RootSpace to be sold in Canada following the court’s decision. The original RootSpace continues to be sold in all other countries outside Canada.

As well as RootSpace being available as normal in every country but Canada, all GreenBlue Urban’s other urban tree planting products and site furnishings continue to be available in Canada and worldwide. GreenBlue will continue to introduce innovative new products and solutions that foster optimal soil conditions for urban tree root growth and sustainability.

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Jeremy Bailey

Dean Bowie, CEO
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