The plaintiff brought an action for patent infringement under section 6(1) of the PMNOC Regulations in respect of the 598 Patent.
The plaintiff later learned its counsel mistakenly believed only one Notice of Allegation was served, rather than three separate NOAs for the 598, 584, and 968 Patents.
The plaintiff brought a motion to amend its statement of claim to add causes of action for infringement of the 584 and 968 Patents after the 45-day limitation period expired.
The Court dismissed the motion, finding the proposed amendments did not arise out of substantially the same facts as the originally pleaded cause of action, as required by Rule 201.
