Patent Cases

Adding a related corporate plaintiff to a Statement of Claim after the limitation period is allowed when it is correcting a misnomer Wolfe v. Wyeth, 2013 ONSC 7867

Although this action for damages in relation to the alleged receipt and misuse of confidential information is over six years old, it is still in the pleadings stage. Recently the plaintiffs sought to amend their pleadings and the defendants sought to strike

the statement of claim without leave to amend on the ground that it discloses no reasonable cause of action.

The amendment relates to the addition of a corporate party who was previously only described by a placeholder, similar to using a John Doe. The Court held that it was clear that the plaintiffs intended to pursue anyone within the Wyeth corporate group who allegedly received and misused the confidential information. This correction of a misnomer therefore did not involve the substitution of one defendant for another, but rather a correction. Therefore, it was found that the addition of the new party did not run afoul of the applicable limitation period.

The defendants’ motion to strike the pleading failed, as it was not plain and obvious to the Court that the allegations must fail. Each requisite element for the various causes of action had been pleaded but the outcome of those allegations was to be decided on a later day.

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Authors

Chantal Saunders 
CSaunders@blg.com
613.369.4783

Beverley Moore 
BMoore@blg.com
613.369.4784

Adrian J. Howard 
AJHoward@blg.com
613.787.3557

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