Farmobile, LLC v. Farmers Edge Inc., 2018 FC 1269

Justice Mactavish - 2018-12-14

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Before me are two appeals from orders of a Prothonotary [see 2018 FC 915] made in the context of an action for patent infringement. The first appeal is brought by the Plaintiff, appealing the refusal of the Prothonotary to strike portions of the Defendant’s Amended Statement of Defence. The second is an appeal by the Defendant from orders striking portions of its Counterclaim and refusing to stay this action pending the outcome of an action to be commenced in another jurisdiction. The central question in both appeals is the jurisdiction of the Federal Court to deal with issues relating to ownership of the patent, where the Court will be required to consider contractual issues in resolving this dispute. For the reasons that follow, I have not been persuaded that the Prothonotary erred in making the orders in question. Consequently both appeals will be dismissed.

Decision relates to:



Canadian Intellectual Property