Lantech.com, LLC v Wulftec International Inc 2018 FC 41 Annis J
The promise doctrine was abolished by the SCC in AstraZeneca 2017 SCC 36 (see here). Early
indications were that it will not rise from the dead. This decision of Annis J confirms that the
promise doctrine is so thoroughly dead that it cannot even survive a motion to strike.
The defendant Wulftec sought to amend its statement of claim to add an allegation that the
asserted patents are devoid of utility [2]. While it is a bit difficult to understand exactly what was
being alleged by the proposed amendments [5], the plaintiff Lantech argued, inter alia, that the
allegations were based on an alleged promise of utility in the patent description [6]. Annis J
agreed with this submission [7], and concluded that the proposed utility amendments did not
meet the requirement of disclosing a reasonable cause of action [8].
No comments:
Post a Comment