Contour Optik Inc. v. Hakim Optical Laboratory Ltd.

Contour Optik Inc. v. Hakim Optical Laboratory Ltd.
Court (s) Database
Federal Court Decisions
Date
2001-05-14
Neutral citation
2001 FCT 479
File numbers
T-1880-00
Decision Content
Date: 20010514
Docket: T-1880-00
Neutral Citation: 2001 FCT 479
MONTREAL, QUEBEC, THIS 14th DAY OF MAY 2001
PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY
BETWEEN:
CONTOUR OPTIK INC.
Plaintiff
AND
HAKIM OPTICAL LABORATORY LTD.
Defendant
Motion on behalf of the Plaintiff for:
1. An Order striking from the Amended Statement of Defence and Counterclaim, without leave to amend, the following:
(a) From Amended Schedule 1, the following citations:
United States 5,642,177
Japan 7,128,620
China 1 117 593
Taiwan 274,588
Germany 8,507,761
PCT WO 9 009 611
Germany 3 919 489
Germany 3 920 879
Germany 3 921 987
Germany 3 933 310
Germany 3 905 041
Europe 458 815
(b) Amended Schedule 2 in its entirety;
2. An Order extending the time period for the Plaintiff to file its Reply and Defence to the Amended Statement of Defence and Counterclaim until ten (10) days from the disposition of this motion;
3. Costs of this motion to the Plaintiff in any event of the cause and payable forthwith;
4. Such further and other relief as this Honourable Court may seem just.
(Rules 8, 174, 181, 206 and 221 of the Federal Court Rules, 1998)
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY:
[1] European Patent No. 458,815 is struck from Amended Schedule I.
[2] Considering the clear wording of the Order of this Court dated February 27, 2001, the fact that the Plaintiff did not formally or informally resort to rule 397(1)(a) and the particulars provided in the March 30, 2001 letter from counsel for the Defendant, I am satisfied that no elements of the Amended Statement of Defence and Counterclaim shall be struck out or that the Plaintiff needs no further particulars to plead.
[3] The Plaintiff shall have until May 24, 2001 to serve and file its Reply and Defence to the Amended Statement of Defence and Counterclaim.
[4] Costs in the cause.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-1880-00
CONTOUR OPTIK INC.
Plaintiff
AND
HAKIM OPTICAL LABORATORY LTD.
Defendant
PLACE OF HEARING:Montreal, Quebec
DATE OF HEARING:April 23, 2001
REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY
DATE OF REASONS FOR ORDER:May 14, 2001
APPEARANCES:
Mr. Daniel A. Artola
for the Plaintiff
Mr. Mark K. Evans
for the Defendant
SOLICITORS OF RECORD:
McCarthy Tétrault
Montreal, Quebec
for the Plaintiff
Smart & Biggar
Toronto, Ontario
for the Defendant