Gauthier v. Produits de Sport I-Tech Inc.

Gauthier v. Produits de Sport I-Tech Inc.

The court exercised its discretion under Rule 107, concluded bifurcation is practical, would produce economies, expedite the case and be less costly to the plaintiff, and that damages/accounting are a clear and distinct issue from merits; therefore the quantum of damages or accounting of profits is to be determined in a separate proceeding after trial.

Citation
2003 FCT 468
Parties
Plaintiff / Defendant by Counterclaim: Jean-Marc Gauthier; Defendant / Plaintiff by Counterclaim: Les Produits de Sport I-Tech Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
22 April 2003
Procedural Posture
Patent Infringement / Pre Trial Motion for Bifurcation Under Rule 107
Outcome
Bifurcation ordered; motion granted.
Legal Topics
Bifurcation, Damages, Accounting of Profits, Trial Management, Federal Court Rules Rule 107
Source Language
English
Patent Law Civil Procedure Court Case Management Bifurcation Damages Accounting of Profits Trial Management Federal Court Rules Rule 107

Case Brief

Summary, issues, holding and outcome

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Parties

Jean-Marc Gauthier

Plaintiff / Defendant by Counterclaim

Les Produits de Sport I-Tech Inc.

Defendant / Plaintiff by Counterclaim

Procedural Posture

Patent Infringement / Pre Trial Motion for Bifurcation Under Rule 107

Legal Issues

  1. 1 Whether the quantum of damages or accounting of profits should be bifurcated into a separate proceeding after trial
  2. 2 Whether bifurcation would produce efficiencies and reduce costs for the parties
  3. 3 Whether bifurcation would prejudice either party given patent expiry and limitations issues

Ratio Decidendi

The court exercised its discretion under Rule 107, concluded bifurcation is practical, would produce economies, expedite the case and be less costly to the plaintiff, and that damages/accounting are a clear and distinct issue from merits; therefore the quantum of damages or accounting of profits is to be determined in a separate proceeding after trial.

Court Disposition

Bifurcation ordered; motion granted.

Orders

  • Any issue as to the quantum of damages incurred by the plaintiff or the defendant's profits arising from any infringement of the plaintiff's rights shall be the subject of a separate proceeding after trial.
  • All issues with respect to establishing a timetable for exchange of documents, discoveries and other pre-trial proceedings to be determined by the Case Management Judge.