J.J. Mackay Canada Ltd. v. Société en Commandite Stationnement de Montréal

J.J. Mackay Canada Ltd. v. Société en Commandite Stationnement de Montréal

Severance was ordered because Stationnement de Montréal met its onus on a balance of probabilities that severing infringement and validity for initial determination would produce a just, expeditious and less expensive resolution: the liability issues are separable from damages, liability determination may eliminate the need for extensive financial discovery and accounting, complexity of liability favors bifurcation, and MacKay did not provide convincing evidence that financial discovery was necessary to decide liability.

Citation
2005 FC 985
Parties
Plaintiff/defendant to Counterclaim: J.J. MACKAY CANADA LIMITED; Defendant/plaintiff by Counterclaim: SOCIÉTÉ EN COMMANDITE STATIONNEMENT DE MONTRÉAL
Court
Federal Court
Jurisdiction
Canada
Judgment Date
14 July 2005
Procedural Posture
Patent Infringement (intellectual Property) / Pre Trial Motion for Severance Under Rule 107 (interlocutory)
Outcome
Motion allowed; severance ordered
Legal Topics
Severance/bifurcation, Patent Validity (anticipation), Infringement, Damages and Accounting of Profits, Discovery
Source Language
English
Intellectual Property Patent Law Civil Procedure Severance/bifurcation Patent Validity (anticipation) Infringement Damages and Accounting of Profits Discovery

Case Brief

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Parties

J.J. MACKAY CANADA LIMITED

Plaintiff/defendant to Counterclaim

SOCIÉTÉ EN COMMANDITE STATIONNEMENT DE MONTRÉAL

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement (intellectual Property) / Pre Trial Motion for Severance Under Rule 107 (interlocutory)

Legal Issues

  1. 1 Whether the Court should sever the issues of infringement and validity from the issues of damages and profits under Rule 107
  2. 2 Whether patent '677 is invalid by anticipation from a call for tenders document
  3. 3 Whether financial and telecom discovery is required to establish liability or only to assess damages

Ratio Decidendi

Severance was ordered because Stationnement de Montréal met its onus on a balance of probabilities that severing infringement and validity for initial determination would produce a just, expeditious and less expensive resolution: the liability issues are separable from damages, liability determination may eliminate the need for extensive financial discovery and accounting, complexity of liability favors bifurcation, and MacKay did not provide convincing evidence that financial discovery was necessary to decide liability.

Court Disposition

Motion allowed; severance ordered

Orders

  • Proceeding severed: issue of infringement and validity of patent '677 to be tried first
  • If the Court finds the patent valid and infringed, damages and loss of profits to be determined in a separate proceeding