The Defendant, NCS Multistage Inc., appealed an order of Associate Judge Ring which allowed the Plaintiffs, Kobold Corporation et al., to amend their Statement of Claim to include patent infringement allegations against the Defendant's "Mongoose" product.
The Defendant argued that these claims were barred by a prior summary judgment decision.
The Federal Court allowed the appeal in part, finding that the prior summary judgment applied to both the 2012 and 2018 iterations of the Mongoose device, and granted the motion with respect to the amendment relating to the Mongoose device only.
The parties subsequently agreed to a Second Amended Statement of Claim.
