Statement of Claim struck for deficient pleading of infringement

Larry Bertelsen v. Automated Tank Manufacturing Inc.

The Defendant appealed an Order of a Prothonotary, allowing an amendment of a Statement of Claim. The Court reviewed the requirements for pleadings in a patent infringement action, and found that the paragraphs in the Amended Statement of Claim simply restated the claims of the patent in issue. The Court held that the pleadings are deficient, and that the Prothonotary erred in allowing the proposed amendments. The action was dismissed, with costs to the Defendant.