IPL Inc. v. Hofmann Plastics Canada Inc.

IPL Inc. v. Hofmann Plastics Canada Inc.

The motion for production was dismissed because cross-examination on an affidavit does not permit discovery of unlisted or unidentified documents; the requested documents were not referenced or exhibited in the affidavit and production would amount to a fishing expedition that could undermine the pending section 107 motion, so production was not warranted.

Citation
2006 FC 1085
Parties
Plaintiff/defendant by Counterclaim: IPL Inc.; Defendant/plaintiff by Counterclaim: Hofmann Plastics Canada Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 September 2006
Procedural Posture
Patent Infringement and Invalidity / Interlocutory Motion for Production of Documents; Cross Examination on Affidavit; Section 107 Motion Pending
Outcome
Motion dismissed with costs in the cause.
Legal Topics
Patent Infringement, Invalidity, Production of Documents, Cross Examination on Affidavit, Section 107 Federal Courts Rules, Separate Determination of Liability and Profits
Source Language
English
Intellectual Property Civil Procedure Evidence Discovery Patent Infringement Invalidity Production of Documents Cross Examination on Affidavit +2 more

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Parties

IPL Inc.

Plaintiff/defendant by Counterclaim

Hofmann Plastics Canada Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement and Invalidity / Interlocutory Motion for Production of Documents; Cross Examination on Affidavit; Section 107 Motion Pending

Legal Issues

  1. 1 Whether IPL is entitled to production of audited financial statements and monthly operating cost reports during cross-examination on affidavit
  2. 2 Whether cross-examination on affidavit permits discovery of documents not referenced in the affidavit or not previously identified
  3. 3 Whether the production request is a fishing expedition that would undermine the pending section 107 motion

Ratio Decidendi

The motion for production was dismissed because cross-examination on an affidavit does not permit discovery of unlisted or unidentified documents; the requested documents were not referenced or exhibited in the affidavit and production would amount to a fishing expedition that could undermine the pending section 107 motion, so production was not warranted.

Court Disposition

Motion dismissed with costs in the cause.

Orders

  • Motion by IPL dismissed with costs in the cause.