Proslide Technology, Inc. v. Whitewater West Industries, Ltd., 2023 FC 1591
Associate Justice Crinson - 2023-11-28
Read full decision. Automatically generated summary:
ProSlide commenced this action in December 2020 alleging infringement by the Defendant, Whitewater, of six patents and five industrial design registrations. ... On this motion Whitewater seeks as relief, an order granting leave to amend its statement of defence and counterclaim ... These proposed pleading amendments constitute a radical departure from prior pleadings. The proposed amendments introduce an entirely new challenge to the validity of the patents, insufficiency, notwithstanding that the Defendant has had, and been aware of, these patents since at least the commencement of this lawsuit in 2020. ... The proposed amendments focus upon whether or not the proper inventors were named but in order to succeed would need to allege that the patent when granted was issued to neither the inventor nor the inventor’s legal representative. In light of this deficiency, these proposed amendments have no reasonable prospect of success and shall not be permitted. ... The Contested Design Prior Publication and Originality Amendments add allegations with respect to publications prior to the relevant dates for each Asserted Design. The allegations disclose, with sufficient particularity, defences supported by sections 6 and 7 of the Industrial Design Act and as such have a reasonable prospect of success.
Decision relates to:
- T-1449-20 - Proslide Technology, Inc. v. Whitewater West Industries, Ltd.