Paid Search Engine Tools, LLC v. Google Canada Corporation

Paid Search Engine Tools, LLC v. Google Canada Corporation

The court held that the discoverability principle applies to s.55.01 of the Patent Act because the six-year limitation is triggered by the commission of an act of infringement, an element tied to the accrual of the cause of action; factual disputes about when PSET discovered the infringement and could have commenced suit mean the proposed question is not a pure question of law and therefore the rule 220(1)(a) motion must be dismissed.

Citation
2020 FC 992
Parties
Plaintiff: Paid Search Engine Tools, LLC; Defendants: Google Canada Corporation; Google LLC; Alphabet Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
22 October 2020
Procedural Posture
Patent Infringement / Pre Trial Motion Under Rule 220(1)(a) Federal Courts Rules
Outcome
Motion dismissed; costs awarded to Plaintiff
Legal Topics
Section 55.01 Patent Act, Section 55(2) Patent Act, Discoverability Doctrine, Rule 220(1)(a) Federal Courts Rules, Statutory Interpretation, Limitation of Remedies
Source Language
English
Patent Law Limitation Periods Civil Procedure Section 55.01 Patent Act Section 55(2) Patent Act Discoverability Doctrine Rule 220(1)(a) Federal Courts Rules Statutory Interpretation +1 more

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Parties

Paid Search Engine Tools, LLC

Plaintiff

Google Canada Corporation; Google LLC; Alphabet Inc.

Defendants

Procedural Posture

Patent Infringement / Pre Trial Motion Under Rule 220(1)(a) Federal Courts Rules

Legal Issues

  1. 1 Whether s.55.01 of the Patent Act applies to remedies under s.55(2)
  2. 2 Whether the discoverability principle applies to the six-year limitation in s.55.01
  3. 3 Whether the proposed question is a pure question of law suitable for determination under rule 220(1)(a)

Ratio Decidendi

The court held that the discoverability principle applies to s.55.01 of the Patent Act because the six-year limitation is triggered by the commission of an act of infringement, an element tied to the accrual of the cause of action; factual disputes about when PSET discovered the infringement and could have commenced suit mean the proposed question is not a pure question of law and therefore the rule 220(1)(a) motion must be dismissed.

Court Disposition

Motion dismissed; costs awarded to Plaintiff

Orders

  • Motion dismissed
  • Costs payable forthwith by Google Canada Corporation, Google LLC and Alphabet Inc. to PAID SEARCH ENGINE TOOLS, LLC in the amount of $2,500.00