IPL Inc. v. Hofmann Plastics Canada Inc.

IPL Inc. v. Hofmann Plastics Canada Inc.

The moving party must establish on a balance of probabilities that severance will likely produce a just, expeditious and least expensive resolution; Hofmann Plastics failed to show patent invalidity at this interlocutory stage and failed to establish that accounting for profits was so complex as to require severance, so the Rule 107 motion was dismissed.

Citation
2006 FC 1343
Parties
Plaintiff/defendant by Counterclaim: IPL INC.; Defendant/plaintiff by Counterclaim: HOFMANN PLASTICS CANADA INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 November 2006
Procedural Posture
Patent Infringement and Counterclaim for Invalidity / Interlocutory Motion Under Rule 107 (severance)
Outcome
Motion dismissed with costs in the cause
Legal Topics
Severance of Issues, Validity and Infringement, Accounting of Profits, Remedial Issues
Source Language
English
Intellectual Property Patent Law Civil Procedure Severance of Issues Validity and Infringement Accounting of Profits Remedial Issues

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Parties

IPL INC.

Plaintiff/defendant by Counterclaim

HOFMANN PLASTICS CANADA INC.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement and Counterclaim for Invalidity / Interlocutory Motion Under Rule 107 (severance)

Legal Issues

  1. 1 Whether the court should sever liability (validity/infringement) from remedial issues under Rule 107
  2. 2 Whether patent '225 is invalid on the basis of alleged prior US patents
  3. 3 Whether accounting for profits is sufficiently complex to justify separate proceedings

Ratio Decidendi

The moving party must establish on a balance of probabilities that severance will likely produce a just, expeditious and least expensive resolution; Hofmann Plastics failed to show patent invalidity at this interlocutory stage and failed to establish that accounting for profits was so complex as to require severance, so the Rule 107 motion was dismissed.

Court Disposition

Motion dismissed with costs in the cause

Orders

  • Hofmann Plastics’ motion under Rule 107 dismissed with costs in the cause
  • Parties to agree on a revised schedule and file a draft order within 15 days of this order