J2 Global Communications Inc. v. Protus IP Solutions Inc.

J2 Global Communications Inc. v. Protus IP Solutions Inc.

The court held that Protus may rely on authorities and make arguments on appeal that were not before the prothonotary provided no new evidence is required to support those arguments, but Protus must pay adverse party-to-party costs for failing to present full submissions below; the plaintiffs' preliminary objection...

Source-derived case information.

Citation
2008 FC 298
Parties
Plaintiff: J2 Global Communications Inc.; Defendant and Plaintiff by Counterclaim: Protus IP Solutions Inc.; Plaintiff: Catch Curve Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 March 2008
Procedural Posture
Civil: Patent Infringement and Counterclaims / Appeal Under Rule 51 of the Federal Courts Rules From Prothonotary Orders (preliminary Motion Heard)
Outcome
Preliminary motion dismissed; appeals adjourned sine die; costs awarded to the plaintiffs against Protus.
Legal Topics
Discovery, Motions, Costs, Evidence Admissibility, Standard of Review
Source Language
english
Patent Law Civil Procedure Appellate Review Discovery Motions Costs Evidence Admissibility Standard of Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

J2 Global Communications Inc.

Plaintiff

Protus IP Solutions Inc.

Defendant and Plaintiff by Counterclaim

Catch Curve Inc.

Plaintiff

Procedural Posture

Civil: Patent Infringement and Counterclaims / Appeal Under Rule 51 of the Federal Courts Rules From Prothonotary Orders (preliminary Motion Heard)

Legal Issues

  1. 1 Whether an appellant may rely on authorities and arguments not presented to the prothonotary on appeal
  2. 2 Whether new evidence is required to raise new arguments on appeal
  3. 3 Whether failure to present full submissions to a prothonotary can render the prothonotary clearly wrong

Ratio Decidendi

The court held that Protus may rely on authorities and make arguments on appeal that were not before the prothonotary provided no new evidence is required to support those arguments, but Protus must pay adverse party-to-party costs for failing to present full submissions below; the plaintiffs' preliminary objection was dismissed and the appeals were adjourned sine die.

Court Disposition

Preliminary motion dismissed; appeals adjourned sine die; costs awarded to the plaintiffs against Protus.

Orders

  • The Plaintiffs' Motion raising a preliminary objection is dismissed.
  • The appeals of orders #1 and #2 are adjourned sine die to be rescheduled.