Contour Optik Inc. v. E'Lite Optik Inc.

Contour Optik Inc. v. E'Lite Optik Inc.

The Court set aside the ex parte default judgment because the defendant satisfied the three-part Tailor Made test: provided a reasonable explanation (reliance on Canadian counsel), moved promptly upon learning of the judgment, and established a prima facie defence by alleging non-infringement of independent claims 1 and 2 of the patent; accordingly the default judgment was set aside and the defendant ordered to file a statement of defence by January 7, 2002.

Citation
2001 FCT 1431
Parties
Plaintiff: CONTOUR OPTIK INC.; Plaintiff: CHIC OPTIC INC.; Defendant: E'LITE OPTIK, INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
24 December 2001
Procedural Posture
Patent Infringement / Motion to Set Aside Ex Parte Default Judgment (rule 399(1))
Outcome
Ex parte default judgment set aside
Legal Topics
Default Judgment, Setting Aside Default, Service of Process, Prima Facie Defence, Patent Claim Construction, Rule 399(1)
Source Language
English
Intellectual Property Civil Procedure Patent Law Default Judgment Setting Aside Default Service of Process Prima Facie Defence Patent Claim Construction +1 more

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Parties

CONTOUR OPTIK INC.

Plaintiff

CHIC OPTIC INC.

Plaintiff

E'LITE OPTIK, INC.

Defendant

Procedural Posture

Patent Infringement / Motion to Set Aside Ex Parte Default Judgment (rule 399(1))

Legal Issues

  1. 1 Whether the defendant provided a reasonable explanation for failure to file a defence
  2. 2 Whether the defendant acted promptly to set aside the default judgment
  3. 3 Whether the defendant established a prima facie defence to the patent infringement claim

Ratio Decidendi

The Court set aside the ex parte default judgment because the defendant satisfied the three-part Tailor Made test: provided a reasonable explanation (reliance on Canadian counsel), moved promptly upon learning of the judgment, and established a prima facie defence by alleging non-infringement of independent claims 1 and 2 of the patent; accordingly the default judgment was set aside and the defendant ordered to file a statement of defence by January 7, 2002.

Court Disposition

Ex parte default judgment set aside

Orders

  • Order of Justice Blais dated November 29, 2001 set aside
  • Costs of the motion in the event of the cause