Adeia Guides, Inc v. Bce Inc, 2024 FC 1842
Associate Justice Crinson - 2024-11-18
Read full decision. Automatically generated summary:
This motion was made on behalf of the Defendants dated October 21, 2024, for an order, granting the Defendants leave to serve and file their second amended statement of defence and counterclaim and their costs of this motion. The Plaintiffs opposed the motion raising several grounds including: the indeterminate extent of the proposed additional prior art as the proposed pleading included open-ended language; the proposed amendment was to add prior devices not just prior publications and this would necessitate additional discovery time; this is another proposed change to the scope of the prior art such that the Plaintiffs are trying to address a moving target while they are supposed to be preparing expert reports. ... The prior art sought to be added with the proposed amendment goes to the issues of obviousness and anticipation which were already issues in the existing pleading. Given the agreed upon clarifications to the proposed amendment and the agreed upon revisions thereto, I must conclude that the revised proposed amendments will facilitate the Court’s consideration of the true substance of the obviousness and anticipation issues on the merits.
Decision relates to:
- T-1184-21 - ROVI GUIDES, INC. v. BCE INC. et Al.