Rovi Guides, Inc. v. Videotron Ltd.

Rovi Guides, Inc. v. Videotron Ltd.

The Court held Nova Chemicals is binding for the motion and that Videotron demonstrated the new expert evidence would change the profits calculation; although Videotron could have addressed full cost earlier, the change in law justified admitting limited expert opinion in the interests of justice; accordingly the evidentiary record was reopened to admit narrow expert reports and permit cross-examination and limited supplemental submissions.

Citation
2021 FC 19
Parties
Plaintiff/defendant by Counterclaim: ROVI GUIDES, INC.; Defendant/plaintiff by Counterclaim: VIDEOTRON LTD.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 January 2021
Procedural Posture
Patent Infringement; Remedy (accounting of Profits) / Post Evidence Motion to Reopen Evidentiary Record Before Oral Argument/closing Submissions
Outcome
Defendant's motion to reopen evidentiary record granted; Plaintiff's cross-motion for leave to file reply expert report and for viva voce evidence and cross-examination granted in part
Legal Topics
Accounting of Profits, Expert Evidence, Reopening Evidence, Full Cost Approach, Incremental Cost Approach, Stare Decisis, Nova Chemicals Decision
Source Language
English
Intellectual Property Patent Law Civil Procedure Remedies Accounting of Profits Expert Evidence Reopening Evidence Full Cost Approach +3 more

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Parties

ROVI GUIDES, INC.

Plaintiff/defendant by Counterclaim

VIDEOTRON LTD.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement; Remedy (accounting of Profits) / Post Evidence Motion to Reopen Evidentiary Record Before Oral Argument/closing Submissions

Legal Issues

  1. 1 Whether to reopen the evidentiary record to admit additional expert evidence on accounting of profits after close of evidence
  2. 2 Whether the Federal Court of Appeal decision in Nova Chemicals constitutes a binding change in law justifying fresh evidence on full cost approach
  3. 3 Whether the two-part test for admitting fresh evidence (Scott/Sagaz) is satisfied

Ratio Decidendi

The Court held Nova Chemicals is binding for the motion and that Videotron demonstrated the new expert evidence would change the profits calculation; although Videotron could have addressed full cost earlier, the change in law justified admitting limited expert opinion in the interests of justice; accordingly the evidentiary record was reopened to admit narrow expert reports and permit cross-examination and limited supplemental submissions.

Court Disposition

Defendant's motion to reopen evidentiary record granted; Plaintiff's cross-motion for leave to file reply expert report and for viva voce evidence and cross-examination granted in part

Orders

  • Defendant granted leave to serve and file an expert report of Farley Cohen limited to the full cost approach and calculations on Defendant's profits on or before December 16, 2020 (noon).
  • Plaintiff granted leave to serve and file an expert report directed to the impact of Nova Chemicals and appropriateness and quantification of the full cost approach on or before end of business day January 11, 2021.