Mostar Directional Technologies Inc. v Drill-Tek Corporation et al., 2017 FC 575

Justice Aylen - 2017-06-12

Read full decision. Summary prepared by Alan Macek:

The defendants moved to strike an amended statement of claim and dismiss action on the basis that the pleading for patent infringement of 151 claims of three patents disclosed no reasonable cause of action. The defendants asserted that the statement of claim was improper as it pleaded no material facts as to “how” the defendants infringed the claims. The Court rejected the plaintiff’s assertion that the identification of the defendants’ model names and the enumeration of the claim numbers was sufficient to enable the defendants to know how they have allegedly infringed the claims, noting that while the defendants acknowledged that they could file a bare-bones pleading that simply denied all allegations made against them, a pleading of such a nature is not what is intended by the Court when it makes reference to the ability to plead over. Given the plaintiff’s admission that it was unable to provide any further material facts to remedy the defects in the statement of claim, the Court did not grant the plaintiff leave to further amend the statement of claim. The Court struck the statement of claim and dismissed the action without prejudice to the right of the plaintiff to file a new action should new, non-speculative circumstances arise. (Thanks to Michal Niemkiewicz for a copy of the decision)

Decision relates to:



Canadian Intellectual Property