Decision

Mccain Foods Limited v. J.R. Simplot Company, 2019 FC 1635

Justice McVeigh - 2019-12-18

Read full decision. Automatically generated summary:

This is a decision on a pair of motions related to the patent infringement action between McCain and Simplot. On June 25, 2019, Prothonotary Aylen granted Simplot’s motion to amend its Statement of Defence and Counterclaim and granted Simplot leave to serve and file a Third Party Claim. The first motion before this Court is an appeal of the Prothonotary’s order. The second is a motion to strike or stay the Third Party Claim, brought by third party Elea Vertriebs-und-Vermarktungsgesellschaft, mbH (“Elea”). ... For the Amended Statement of Defence and Counterclaim, the three alleged errors involve whether the three patent defences (explicit licence, implicit licence, and acquiescence) have a reasonable prospect of success. ... For the Third Party Claim, the issues are whether the various licence, acquiescence, inducement and indemnity claims have a reasonable prospect of success based on the facts pleaded by Simplot.

Decision relates to:

  • T-1624-17 - MCCAIN FOODS LIMITED v. J.R. SIMPLOT COMPANY ET AL
  • A-482-19 - which is an appeal from this decision
  • T-1624-17 - MCCAIN FOODS LIMITED v. J.R. SIMPLOT COMPANY ET AL
  • A-486-19 - which is an appeal from this decision

 

Canadian Intellectual Property