Varco Canada Limited v. Pason Systems Corp.

Varco Canada Limited v. Pason Systems Corp.

The Court granted the motion to reopen because the Bates File is relevant and potentially outcome‑influencing (impacting public disclosure and inequitable conduct issues) and it corrects material inaccuracies in sworn evidence; although Defendants fell short on due diligence, the shared responsibility between parties and the paramount need to avoid being misled justified exercising discretion to reopen; no significant prejudice was shown, so reopening is warranted.

Citation
2011 FC 467
Parties
Plaintiff (defendants by Counterclaim): VARCO CANADA LIMITED; Plaintiff (defendants by Counterclaim): VARCO, L.P.; Plaintiff (defendants by Counterclaim): WILDCAT SERVICES, L.P.; Plaintiff (defendants by Counterclaim): WILDCAT SERVICES CANADA, ULC; Defendant (plaintiff by Counterclaim): PASON SYSTEMS CORP.; Defendant (plaintiff by Counterclaim): PASON SYSTEMS INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 April 2011
Procedural Posture
Patent Litigation (validity/inequitable Conduct) / Post Trial Motion to Reopen (before Judgment/reasons Issued)
Outcome
Motion to reopen trial granted
Legal Topics
Patent Validity, Inequitable Conduct, Reopening Trial, Admissibility of New Evidence, Counsel Obligations and Disclosure
Source Language
English
Intellectual Property Civil Procedure Professional Conduct Patent Validity Inequitable Conduct Reopening Trial Admissibility of New Evidence Counsel Obligations and Disclosure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

VARCO CANADA LIMITED

Plaintiff (defendants by Counterclaim)

VARCO, L.P.

Plaintiff (defendants by Counterclaim)

WILDCAT SERVICES, L.P.

Plaintiff (defendants by Counterclaim)

WILDCAT SERVICES CANADA, ULC

Plaintiff (defendants by Counterclaim)

PASON SYSTEMS CORP.

Defendant (plaintiff by Counterclaim)

PASON SYSTEMS INC.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Patent Litigation (validity/inequitable Conduct) / Post Trial Motion to Reopen (before Judgment/reasons Issued)

Legal Issues

  1. 1 Whether the trial should be reopened to admit newly discovered Bates File evidence
  2. 2 Whether the new evidence is sufficiently material to influence the result
  3. 3 Whether the moving party exercised due diligence in obtaining the Bates File

Ratio Decidendi

The Court granted the motion to reopen because the Bates File is relevant and potentially outcome‑influencing (impacting public disclosure and inequitable conduct issues) and it corrects material inaccuracies in sworn evidence; although Defendants fell short on due diligence, the shared responsibility between parties and the paramount need to avoid being misled justified exercising discretion to reopen; no significant prejudice was shown, so reopening is warranted.

Court Disposition

Motion to reopen trial granted

Orders

  • Motion to reopen the trial is granted without costs
  • Each party shall file, within 21 days, proposals for the method of dealing with the new evidence and any related evidence