Bauer Nike Hockey Inc. v. Regan

Bauer Nike Hockey Inc. v. Regan

The motion is dismissed: it is untimely and would disrupt the agreed case schedule; substantively, the List included questions irrelevant to the issues and improperly sought interpretation of patent claims and information about the defendant's products not required on discovery. Plaintiff's motion is therefore denied and dismissed with costs; plaintiff must proceed with the pre-trial timetable.

Citation
2004 FC 1560
Parties
Plaintiff/defendant to Counterclaim: Bauer Nike Hockey Inc.; Defendant/plaintiff by Counterclaim: Paul Regan
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 November 2004
Procedural Posture
Patent Infringement Validity and Discovery Dispute / Pre Trial Interlocutory Motion (case Management)
Outcome
Motion dismissed
Legal Topics
Infringement, Claim Construction, Discovery, Case Management, Validity
Source Language
English
Intellectual Property Patent Law Civil Procedure Infringement Claim Construction Discovery Case Management Validity

Case Brief

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Parties

Bauer Nike Hockey Inc.

Plaintiff/defendant to Counterclaim

Paul Regan

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement Validity and Discovery Dispute / Pre Trial Interlocutory Motion (case Management)

Legal Issues

  1. 1 Whether the plaintiff's motion to compel answers to a 130-question list is timely and admissible
  2. 2 Whether the List's questions are relevant to the issues of infringement and patent validity
  3. 3 Whether a party's examination for discovery may be used to obtain interpretation of patent claims

Ratio Decidendi

The motion is dismissed: it is untimely and would disrupt the agreed case schedule; substantively, the List included questions irrelevant to the issues and improperly sought interpretation of patent claims and information about the defendant's products not required on discovery. Plaintiff's motion is therefore denied and dismissed with costs; plaintiff must proceed with the pre-trial timetable.

Court Disposition

Motion dismissed

Orders

  • Motion dismissed with costs
  • Plaintiff shall serve and file its requisition for pre-trial conference within fifteen days of the date of the order