Varco Canada Limited v. Pason Systems Corp

Varco Canada Limited v. Pason Systems Corp

The appeal was dismissed because the prothonotary, exercising case management discretion, reasonably concluded on the materials that the amendments did not materially increase complexity, bifurcation would not likely save time or costs given overlap (not substantial) between issues such as commercial success and damages and the stage of proceedings, and there was no clear misuse of discretion warranting appellate interference.

Citation
2009 FC 538
Parties
Plaintiff/defendant by Counterclaim: Varco Canada Limited; Plaintiff/defendant by Counterclaim: Varco, L.P.; Plaintiff/defendant by Counterclaim: Wildcat Services, L.P.; Plaintiff/defendant 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
22 May 2009
Procedural Posture
Patent Infringement; Claim for Damages and Profits / Appeal Under Rule 51 From Prothonotary Order Denying Bifurcation (motion Under Rule 107)
Outcome
Appeal dismissed; Order of Prothonotary Milczynski denying bifurcation affirmed.
Legal Topics
Bifurcation of Issues, Liability Vs Damages, Discovery Scope, Commercial Success, Costs
Source Language
English
Intellectual Property Patent Law Civil Procedure Case Management Bifurcation of Issues Liability Vs Damages Discovery Scope Commercial Success +1 more

Case Brief

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Parties

Varco Canada Limited

Plaintiff/defendant by Counterclaim

Varco, L.P.

Plaintiff/defendant by Counterclaim

Wildcat Services, L.P.

Plaintiff/defendant by Counterclaim

Wildcat Services Canada, ULC

Plaintiff/defendant by Counterclaim

Pason Systems Corp

Defendant/plaintiff by Counterclaim

Pason Systems Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement; Claim for Damages and Profits / Appeal Under Rule 51 From Prothonotary Order Denying Bifurcation (motion Under Rule 107)

Legal Issues

  1. 1 Whether issues of liability should be bifurcated from issues of quantum/damages
  2. 2 Whether the Prothonotary misapplied discretion or misstated facts in denying bifurcation
  3. 3 Whether recent amendments adding alleged foreign activities increased complexity to justify bifurcation

Ratio Decidendi

The appeal was dismissed because the prothonotary, exercising case management discretion, reasonably concluded on the materials that the amendments did not materially increase complexity, bifurcation would not likely save time or costs given overlap (not substantial) between issues such as commercial success and damages and the stage of proceedings, and there was no clear misuse of discretion warranting appellate interference.

Court Disposition

Appeal dismissed; Order of Prothonotary Milczynski denying bifurcation affirmed.

Orders

  • The appeal under Rule 51 is dismissed.
  • Plaintiffs entitled to their costs of this motion on appeal to be taxed, payable by the Defendants, in any event of the cause.