Farmobile, LLC v. Farmers Edge Inc.

Farmobile, LLC v. Farmers Edge Inc.

The Case Management Judge did not commit a palpable and overriding error: the motion concerned the propriety of the second set of redactions and Farmobile failed to show that questions about an earlier set of redactions were legally relevant or fair questions going to credibility; Farmobile's tactical adjournment...

Source-derived case information.

Citation
2021 FC 1427
Parties
Plaintiff/defendant by Counterclaim: Farmobile, LLC; Defendant/plaintiff by Counterclaim: Farmers Edge Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 December 2021
Procedural Posture
Civil Patent Infringement; Interlocutory Appeal / Interlocutory Appeal From Case Management Judge Order on Redactions Motion
Outcome
Appeal dismissed; costs awarded to Farmers Edge
Legal Topics
Scope of Cross Examination on Affidavits, Document Redactions, Relevance, Case Management Adjournments, Costs
Source Language
english
Civil Procedure Evidence Patents Discovery and Production Appeal Scope of Cross Examination on Affidavits Document Redactions Relevance +2 more

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Parties

Farmobile, LLC

Plaintiff/defendant by Counterclaim

Farmers Edge Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Civil Patent Infringement; Interlocutory Appeal / Interlocutory Appeal From Case Management Judge Order on Redactions Motion

  1. 1 Whether the Case Management Judge erred in concluding that cross-examination questions about the first set of redactions were improper
  2. 2 Whether the Case Management Judge erred by refusing to order further cross-examination/re-attendance of the deponent

Ratio Decidendi

The Case Management Judge did not commit a palpable and overriding error: the motion concerned the propriety of the second set of redactions and Farmobile failed to show that questions about an earlier set of redactions were legally relevant or fair questions going to credibility; Farmobile's tactical adjournment foreclosed re-attendance and the CMJ properly dismissed the request; costs were awarded for unnecessary proceedings.

Court Disposition

Appeal dismissed; costs awarded to Farmers Edge

Orders

  • The motion for appeal is dismissed.
  • Costs are payable by the plaintiff/defendant by counterclaim to the defendant/plaintiff by counterclaim in the amount of $10,000, inclusive of all taxes and disbursements, forthwith and in any event of the cause.