28 Feb 2022
Wi-Lan Inc. v. Apple Canada Inc.
The defendants' appeal to reverse an order dismissing their motion to strike out a statement of claim and request for particulars has been dismissed. The plaintiff alleged that certain Apple devices infringed a Canadian patent by implementing 4G and 5G standards that incorporated the methods claimed in the patent. The defendants argued insufficient material facts were pleaded, but the court found no reversible error in the analysis. The court emphasized the need for concise pleading of material facts to define the issues. The appeal was unsuccessful, and the statement of claim stands. It was further held that the defendants were to pay costs of the appeal to the plaintiff in the amount of $7,500.00 within 30 days of that Order.