Farmobile, LLC v. Farmers Edge Inc., 2022 FC 22
Justice McHaffie - 2022-01-10
Read full decision. Automatically generated summary:
These reasons address three interlocutory motions in this patent infringement action: (i) Farmobile’s motion to further amend its pleadings; (ii) Farmers Edge’s motion to further amend its pleadings; and (iii) Farmers Edge’s motion to bifurcate or, alternatively, adjourn the trial scheduled to commence on August 8, 2022. ... In summary, Farmobile’s amendments alleging Farmers Edge continues to infringe its patent after recent software amendments are permitted, but its inadequately particularized allegation that Farmers Edge infringes because its current software and system is “functionally equivalent” to the prior software is not permitted. ... despite Farmers Edge’s protests, most of its proposed amendments are not responsive to either Farmobile’s new claims or to new circumstances. Rather, they are attempts to raise new defences that could have been raised earlier and/or are based entirely on unsupported speculation. The proposed amendments will result in—and in at least some cases appear designed to result in—extensive further documentary and oral discovery and further expert reports that would jeopardize the current trial dates.
Decision relates to:
- T-1338-17 - PHILIP POYNTZ ET AL v. ELCARGO FABRICATION INC.
- T-1831-16 - EDWARDS LIFESCIENCES PVT, INC. ET AL. v. LIVANOVA CANADA CORP., ET AL.
- T-449-17 - FARMOBILE, LLC. v. FARMERS EDGE INC.