Camoplast Inc. v. Soucy International Inc.

Camoplast Inc. v. Soucy International Inc.

The court granted the confidentiality order under Rule 151 because the plaintiff's uncontradicted affidavit established that the documents were confidential and disclosure to the defendant's R&D head would pose a serious commercial risk; reasonably effective alternatives were lacking; and the salutary effects of protection (while allowing counsel and independent experts access) outweighed deleterious effects. The order was to be issued in the plaintiff's form with paragraph 2(vii) expunged.

Citation
2003 FC 1401
Parties
Plaintiff/defendant to Counterclaim: CAMOPLAST INC.; Defendant/plaintiff by Counterclaim: SOUCY INTERNATIONAL INC.; Defendant/plaintiff by Counterclaim: KIMPEX INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 November 2003
Procedural Posture
Patent Infringement and Invalidity / Motion for Confidentiality Order (rule 151)
Outcome
Confidentiality order granted under Rules 3,4 and 151 with paragraph 2(vii) expunged; costs to follow
Legal Topics
Patent Infringement, Confidentiality Orders, Protective Orders, Public Access to Court Records, Trade Secrets
Source Language
English
Intellectual Property Civil Procedure Administrative Law Confidentiality Patent Infringement Confidentiality Orders Protective Orders Public Access to Court Records +1 more

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Parties

CAMOPLAST INC.

Plaintiff/defendant to Counterclaim

SOUCY INTERNATIONAL INC.

Defendant/plaintiff by Counterclaim

KIMPEX INC.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement and Invalidity / Motion for Confidentiality Order (rule 151)

Legal Issues

  1. 1 Whether a confidentiality order should be granted under Rule 151
  2. 2 Whether the defendants' head of R&D (Mr. Deland) should be granted access to protected documents
  3. 3 Whether less invasive alternatives would prevent the risk of commercial prejudice

Ratio Decidendi

The court granted the confidentiality order under Rule 151 because the plaintiff's uncontradicted affidavit established that the documents were confidential and disclosure to the defendant's R&D head would pose a serious commercial risk; reasonably effective alternatives were lacking; and the salutary effects of protection (while allowing counsel and independent experts access) outweighed deleterious effects. The order was to be issued in the plaintiff's form with paragraph 2(vii) expunged.

Court Disposition

Confidentiality order granted under Rules 3,4 and 151 with paragraph 2(vii) expunged; costs to follow

Orders

  • Issue confidentiality order under Rules 3, 4 and 151 of the Federal Court Rules, 1998 in terms submitted by the plaintiff with paragraph 2(vii) expunged
  • Deny access to the protected documents to the defendants' head of research and development (Mr. Deland)