Teknion Furniture Systems v. Precision Mfg. Inc.
T-193-92
MacKay J.
13/11/92
Application for order setting aside Senior Prothonotary's order allowing defendant's motion for particulars of certain paragraphs of statement of claim, suspending operation of Senior Prothonotary's order pending outcome of this motion, and extension of time to file particulars -- Patent infringement action relating to office panelling systems -- General principle of pleading statement of claim required to plead material facts on which plaintiff relies -- In patent infringement case, plaintiff must set out succinct description of essential features defendant alleged to have taken, and facts constituting encroachment by defendant on plaintiff's rights -- Plaintiffs allege rights defined by claims in patents, not by allegations in statement of claim and should not be required to set them out in other words in particulars -- Claiming statement of claim herein far more explicit than in case where particulars not ordered -- Plaintiffs submitting order appealed from would require pleading patent infringement either literally or by taking specific elements considered essential to inventions so as to take substance of them -- Plaintiffs submitting not required in view of doctrine of "purposive construction" of patents -- In these circumstances where plaintiffs including by reference specified claims in two patents, each and every element of which said to be infringed, defendant entitled to particulars of invention alleged to have wrongly taken and used -- General principles of pleading in patent infringement actions also apply to pleadings relating to infringement of industrial design -- Although difficult to describe features of industrial design wrongly taken and used in writing, plaintiffs required to articulate complaint of industrial design infringement at trial to succeed -- Defendant entitled to details of facts upon which complaint based to prepare defence, to discover witnesses and to prepare for trial -- Particulars to be provided within 30 days -- Federal Court Rules, C.R.C., c. 663, RR. 336(5), 341A (as enacted by SOR/79-57, s. 8), 1909.