Appeal from Associate Judge's order denying leave to amend patent invalidity pleadings dismissed.
The defendant in a patent infringement action appealed an Associate Judge's order denying leave to amend its Statement of Defence and Counterclaim.
The proposed amendments alleged that the patents at issue were invalid for insufficient disclosure because the inventor failed to include certain representations made to the government for tax purposes.
The Federal Court dismissed the appeal, finding no palpable and overriding error in the Associate Judge's conclusion that the amendments had no reasonable prospect of success, were inadequately particularized, and were untimely.
