Bauer Nike Hockey Inc. v. Easton Sports Canada Inc.

Bauer Nike Hockey Inc. v. Easton Sports Canada Inc.

The court allowed Bauer to amend its statement of claim to reflect the patent assignment, to add Nike International and additional accused models and to plead induced infringement; granted Bauer leave to examine Marc Gagnon under rule 238; denied a blanket leave to examine an alternate witness; denied Bauer's counsel's-eye-only confidentiality order without prejudice to reapply; ordered specified discovery answers from Easton (including additional answers and supplier identification) and ordered Easton's representative to re-attend discovery at Smart & Biggar in Montréal at his own expense to answer follow-up questions; ordered Bauer to answer specified questions and re-attend discovery...

Citation
2006 FC 1084
Parties
Plaintiff/defendant by Counterclaim: Bauer Nike Hockey Inc.; Defendant/plaintiff by Counterclaim: Easton Sports Canada Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
11 September 2006
Procedural Posture
Patent Infringement / Motions Following Third Round of Discovery (discovery Disputes and Pleadings Amendment)
Outcome
Partly allowed in favor of Bauer; Easton's motion largely dismissed; specific discovery and pleading relief granted and some relief denied.
Legal Topics
Patent Infringement, Invalidity (obviousness, Prior Disclosure, Lack of Utility), Inducement to Infringe, Examination for Discovery (r.237(4), R.238), Amendment of Pleadings, Confidentiality Orders, Costs
Source Language
English
Intellectual Property Patent Law Civil Procedure Evidence/discovery Patent Infringement Invalidity (obviousness, Prior Disclosure, Lack of Utility) Inducement to Infringe Examination for Discovery (r.237(4), R.238) +3 more

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Parties

Bauer Nike Hockey Inc.

Plaintiff/defendant by Counterclaim

Easton Sports Canada Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement / Motions Following Third Round of Discovery (discovery Disputes and Pleadings Amendment)

Legal Issues

  1. 1 Whether plaintiff may amend statement of claim to reflect assignment, change of name, add models and plead inducement
  2. 2 Whether leave should be granted to examine non-party former president of manufacturer under rule 238
  3. 3 Scope and limits of discovery questions (opinions vs facts) including inventor examined under rule 237(4)

Ratio Decidendi

The court allowed Bauer to amend its statement of claim to reflect the patent assignment, to add Nike International and additional accused models and to plead induced infringement; granted Bauer leave to examine Marc Gagnon under rule 238; denied a blanket leave to examine an alternate witness; denied Bauer's counsel's-eye-only confidentiality order without prejudice to reapply; ordered specified discovery answers from Easton (including additional answers and supplier identification) and ordered Easton's representative to re-attend discovery at Smart & Biggar in Montréal at his own expense to answer follow-up questions; ordered Bauer to answer specified questions and re-attend discovery...

Court Disposition

Partly allowed in favor of Bauer; Easton's motion largely dismissed; specific discovery and pleading relief granted and some relief denied.

Orders

  • Bauer granted leave to serve and file a further amended statement of claim (as per Schedule A to motion) except for inclusion of HK Sports
  • Easton granted leave to serve and file a further amended statement of defence and counterclaim and to discover Bauer with respect to Bauer's amendments