In Elbit Systems Electro-optics Elop Ltd. v. Selex ES
Ltd., 2016 FC 1000, the Federal Court allowed part of a motion
to strike portions of a statement of claim in an action for patent
infringement.
The Defendant, Selex ES Ltd, is a
subcontractor to General Dynamics Mission Systems, the prime
contractor on an upgrade contract for installing DIRCIM systems on
Canada's fleet of Lockheed CP140 Aurora aircraft. The Plaintiff
alleged that the systems to be supplied, delivered and installed by
the Defendant would infringe the Plaintiff's patent, but did
not name either General Dynamics or the Canadian Government as
Defendants.
First, the Defendant moved to
strike paragraphs relating to the allegation of "inducement to
induce infringement" on the bases that this is not a
recognized cause of action and, in any event, the Plaintiff had not
pleaded material facts capable of supporting the allegation. The
Defendant argued that the test for inducement, set out in Weatherford
