Raymor Industries Inc. v. Canada (National Research Council)

Raymor Industries Inc. v. Canada (National Research Council)

The summary judgment motion dismissing NRC's counterclaim was dismissed because NRC has sufficient interest to assert a counterclaim (being named as defendant and under s.60 of the Patent Act); the prothonotary did not err in refusing non-party discovery and physical examination because plaintiffs failed to meet the strict requirements of Rules 238 and 249 and the prothonotary acted within his discretion; Sherbrooke must produce unredacted documents pursuant to the temporary confidentiality order to allow inspection by plaintiffs' counsel and the Court; all appeals from the prothonotary were dismissed for lack of clear error; plaintiffs were ordered to pay NRC lump-sum costs of CAD 10,000...

Citation
2008 FC 1247
Parties
Plaintiff: Raymor Industries Inc.; Plaintiff; Defendant by Counterclaim: Institut National de la Recherche Scientifique; Defendant; Plaintiff by Counterclaim: National Research Council of Canada; Defendant: Benoit Simard; Defendant: Orson Bourne; Defendant: Université de Sherbrooke; Defendant: Gervais Soucy
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 November 2008
Procedural Posture
Patent Infringement / Pre Trial Motions and Appeals (case Management; Summary Judgment Motion)
Outcome
All motions and appeals dismissed; summary judgment motion by plaintiffs dismissed; plaintiffs ordered to pay NRC costs of CAD 10,000; no other costs ordered.
Legal Topics
Infringement, Validity, Counterclaim Standing, Discovery, Confidentiality Orders, Physical Examination of Property, Standard of Review, Costs
Source Language
English
Patent Law Civil Procedure Infringement Validity Counterclaim Standing Discovery Confidentiality Orders Physical Examination of Property +2 more

Case Brief

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Parties

Raymor Industries Inc.

Plaintiff

Institut National de la Recherche Scientifique

Plaintiff; Defendant by Counterclaim

National Research Council of Canada

Defendant; Plaintiff by Counterclaim

Benoit Simard

Defendant

Orson Bourne

Defendant

Université de Sherbrooke

Defendant

Gervais Soucy

Defendant

Procedural Posture

Patent Infringement / Pre Trial Motions and Appeals (case Management; Summary Judgment Motion)

Legal Issues

  1. 1 Whether NRC has the requisite 'interest' under s.60 of the Patent Act to bring a counterclaim
  2. 2 Whether the prothonotary erred in refusing discovery of non-parties and a physical examination of apparatus (Rules 238 and 249)
  3. 3 Whether Rule 237(3) or Rule 4 and Quebec procedural law entitled plaintiffs to different corporate representatives or gap-filling relief

Ratio Decidendi

The summary judgment motion dismissing NRC's counterclaim was dismissed because NRC has sufficient interest to assert a counterclaim (being named as defendant and under s.60 of the Patent Act); the prothonotary did not err in refusing non-party discovery and physical examination because plaintiffs failed to meet the strict requirements of Rules 238 and 249 and the prothonotary acted within his discretion; Sherbrooke must produce unredacted documents pursuant to the temporary confidentiality order to allow inspection by plaintiffs' counsel and the Court; all appeals from the prothonotary were dismissed for lack of clear error; plaintiffs were ordered to pay NRC lump-sum costs of CAD 10,000...

Court Disposition

All motions and appeals dismissed; summary judgment motion by plaintiffs dismissed; plaintiffs ordered to pay NRC costs of CAD 10,000; no other costs ordered.

Orders

  • All motions are dismissed.
  • Plaintiffs shall pay to defendant NRC costs in an amount of $10,000 forthwith and in any event of the cause.