Realsearch Inc. v. Brunette

Realsearch Inc. v. Brunette

The Court exercised its discretion under Rule 107 to grant a pre-trial, separate determination of claim construction because severance of the claim construction issue was likely to further the just, expeditious and least expensive resolution of the proceeding; the file was referred for special management and a Case Management Judge assigned to conduct the claim construction hearing.

Citation
2003 FCT 669
Parties
Plaintiff: REALSEARCH INC.; Plaintiff (defendant by Counterclaim): DINGWELL'S MACHINERY & SUPPLY LTD.; Defendant (plaintiff by Counterclaim): VALONE KONE BRUNETTE LTD.; Defendant (plaintiff by Counterclaim): BDR MACHINERY LTD.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 May 2003
Procedural Posture
Patent Infringement / Pre Trial Motion for Separate Claim Construction Determination Under Rule 107
Outcome
Motion granted; issue of claim construction to be determined at a pre-trial hearing; file referred to Associate Chief Justice for special management and a Case Management Judge assigned; no costs awarded.
Legal Topics
Claim Construction, Markman Proceeding, Case Management, Severance of Issues
Source Language
English
Intellectual Property Patent Law Civil Procedure Claim Construction Markman Proceeding Case Management Severance of Issues

Case Brief

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Parties

REALSEARCH INC.

Plaintiff

DINGWELL'S MACHINERY & SUPPLY LTD.

Plaintiff (defendant by Counterclaim)

VALONE KONE BRUNETTE LTD.

Defendant (plaintiff by Counterclaim)

BDR MACHINERY LTD.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Patent Infringement / Pre Trial Motion for Separate Claim Construction Determination Under Rule 107

Legal Issues

  1. 1 Whether Rule 107 permits a preliminary separate determination of patent claim construction (Markman-style)
  2. 2 Whether an early claim construction will secure the just, most expeditious and least expensive determination of the proceeding
  3. 3 Whether claim construction is antecedent to inquiries of validity and infringement and can properly be severed

Ratio Decidendi

The Court exercised its discretion under Rule 107 to grant a pre-trial, separate determination of claim construction because severance of the claim construction issue was likely to further the just, expeditious and least expensive resolution of the proceeding; the file was referred for special management and a Case Management Judge assigned to conduct the claim construction hearing.

Court Disposition

Motion granted; issue of claim construction to be determined at a pre-trial hearing; file referred to Associate Chief Justice for special management and a Case Management Judge assigned; no costs awarded.

Orders

  • Motion for separate determination of claim construction on a pre-trial hearing granted
  • File referred to the Associate Chief Justice to proceed as a specially managed proceeding and a Case Management Judge assigned