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Bauer Nike Hockey Inc. v. Regan
T-754-01
2001 FCT 1315, Morneau P.
29/11/01
6 pp.
Motion, in patent infringement action, for order striking out part of statement of claim or for order for particulars--Patent for hockey undershirt incorporating wrist and neck guards--Impugned paragraph of statement of claim alleging patent invalid for obviousness under Patent Act, s. 27(3), saying description not constituting "meilleure manière" (best mode) of realizing invention--Defendant arguing expression triggering application of Act, s. 27(3)(c), but that latter not applicable herein as invention not "machine" within Act, s. 27(3)--Plaintiff arguing expression in statement of claim linked to realization of invention--Motion to strike denied as not clear and obvious paragraph should be struck out--Request for particulars allowed; plaintiff ordered to provide basis on which plaintiff claiming specification of patent insufficient as failing to describe best mode, and to indicate which portions of documents listed in plaintiff's amended statement of claim relied upon in support of allegation patent invalid for failing to comply with Act, s. 28.3--Patent Act, R.S.C., 1985, c. P-4, ss. 27 (as am. by R.S.C., 1985 (3rd Supp.), c. 33, s. 8; S.C. 1993, c. 15, s. 31; c. 44, s. 192), 28 (as am. by R.S.C., 1985 (3rd Supp.), c. 33, s. 10; c. 15, s. 33).