Farmobile, LLC v. Farmers Edge Inc.

Farmobile, LLC v. Farmers Edge Inc.

Court allowed Farmobile to amend pleadings to allege device claim infringement after the July 2021 Update but denied the 'functional equivalence' amendments for lack of particularity and inconsistency with Canadian law; permitted Farmers Edge to make limited responsive amendments but refused numerous speculative or late defences (AGI/ownership, inutility/overbreadth, unrelated prior statements, broad financial discovery, non-practicing entity arguments) because they were untimely, inadequately supported, risked extensive discovery and delay, and were not in the interests of justice; dismissed motion to bifurcate or adjourn trial and awarded costs to Farmobile.

Citation
2022 FC 22
Parties
Plaintiff / Defendant by Counterclaim: Farmobile, LLC; Defendant / Plaintiff by Counterclaim: Farmers Edge Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
10 January 2022
Procedural Posture
Patent Infringement (canadian Patent No. 2,888,742) / Interlocutory Motions on Pleadings Amendments and Bifurcation; Pre Trial With Trial Scheduled August 8, 2022
Outcome
Each party's motion to amend granted in part and dismissed in part; Farmers Edge's motion to bifurcate or adjourn dismissed; costs awarded to Farmobile.
Legal Topics
Amendment of Pleadings, Bifurcation, Adjournment, Infringement, Validity (anticipation, Obviousness, Inutility, Overbreadth), Non Infringing Alternative (nia), Costs
Source Language
English
Patent Law Intellectual Property Civil Procedure Remedies (injunctions, Damages) Discovery and Pleadings Amendment of Pleadings Bifurcation Adjournment +4 more

Case Brief

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Parties

Farmobile, LLC

Plaintiff / Defendant by Counterclaim

Farmers Edge Inc.

Defendant / Plaintiff by Counterclaim

Procedural Posture

Patent Infringement (canadian Patent No. 2,888,742) / Interlocutory Motions on Pleadings Amendments and Bifurcation; Pre Trial With Trial Scheduled August 8, 2022

Legal Issues

  1. 1 Whether Farmobile may amend to allege device claim infringement after July 2021 software update
  2. 2 Whether Farmobile may plead infringement by 'functional equivalence'
  3. 3 Whether Farmers Edge may add new defences (inutility, overbreadth, ownership/AGI issues, non-practicing entity) late in the proceedings

Ratio Decidendi

Court allowed Farmobile to amend pleadings to allege device claim infringement after the July 2021 Update but denied the 'functional equivalence' amendments for lack of particularity and inconsistency with Canadian law; permitted Farmers Edge to make limited responsive amendments but refused numerous speculative or late defences (AGI/ownership, inutility/overbreadth, unrelated prior statements, broad financial discovery, non-practicing entity arguments) because they were untimely, inadequately supported, risked extensive discovery and delay, and were not in the interests of justice; dismissed motion to bifurcate or adjourn trial and awarded costs to Farmobile.

Court Disposition

Each party's motion to amend granted in part and dismissed in part; Farmers Edge's motion to bifurcate or adjourn dismissed; costs awarded to Farmobile.

Orders

  • Farmobile granted leave to amend Further Amended Statement of Claim to plead device claim infringement in paragraphs 7, 9, and 12–16 but denied leave to add 'functional equivalence' paragraphs 17 and 32
  • Farmers Edge granted leave to make formal and limited responsive amendments (including res judicata and NIA particulars) but denied multiple contested amendments (AGI ownership/champerty, due diligence allegations, new inutility/overbreadth defences, prior-inventor representation pleading, broad...