Proslide Technology, Inc. v. Whitewater West Industries, Ltd.
PROSLIDE TECHNOLOGY, INC.
WHITEWATER WEST INDUSTRIES, LTD.
Law Firm / Organization
Blake, Cassels & Graydon LLP

Summary: Proslide Technology, Inc. ("Proslide") sued Whitewater West Industries, Ltd. ("Whitewater") for patent infringement. In response, Whitewater sought to amend its defense and counterclaim to argue that Proslide's patents were invalid due to insufficient disclosure. The Associate Judge denied some of these amendments, leading to Whitewater's appeal.

Key Points:

  • Background: The case centers on several patents related to water slide technology. Whitewater's proposed amendments claimed Proslide's patents failed to fully describe the inventions, a requirement under Canadian patent law.
  • Court's Decision: The Federal Court dismissed Whitewater's appeal, agreeing with the Associate Judge that the amendments lacked reasonable prospects of success, were inadequately particularized, and were untimely. The court emphasized that amendments should not introduce issues radically departing from earlier pleadings unless they can be reasonably inferred from already presented. Amount for costs was not specified in the document.
Federal Court
T-1449-20
Intellectual property
$ 0
Plaintiff
01 December 2020