Rivard Instruments, Inc. v. Ideal Instruments Inc.

Rivard Instruments, Inc. v. Ideal Instruments Inc.

The appeal is dismissed because the Prothonotary's grant of the Protective Order, including Attorneys' Eyes Only, expert disclosure and storage provisions, was a proper exercise of discretion supported by uncontradicted evidence of confidentiality and risk of commercial harm, consistent with the Federal Courts Rules and relevant precedent, and not clearly wrong.

Citation
2006 FC 1338
Parties
Plaintiff: Rivard Instruments, Inc.; Defendant: Ideal Instruments Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 November 2006
Procedural Posture
Patent Infringement; Appeal of Pre Trial Protective Order / Appeal From Prothonotary's Pre Trial Protective Order
Outcome
Appeal dismissed with costs
Legal Topics
Protective Order, Attorneys' Eyes Only, Discovery, Expert Disclosure, Judicial Comity, Standard of Review
Source Language
English
Intellectual Property Civil Procedure Confidentiality Law Commercial Competition Protective Order Attorneys' Eyes Only Discovery Expert Disclosure +2 more

Case Brief

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Parties

Rivard Instruments, Inc.

Plaintiff

Ideal Instruments Inc.

Defendant

Procedural Posture

Patent Infringement; Appeal of Pre Trial Protective Order / Appeal From Prothonotary's Pre Trial Protective Order

Legal Issues

  1. 1 Whether the Prothonotary's Protective Order including Attorneys' Eyes Only was clearly wrong
  2. 2 Whether the existence and form of the US Protective Order was relevant to the Canadian motion
  3. 3 Whether expert disclosure and approval provisions in the Protective Order were lawful and proportionate

Ratio Decidendi

The appeal is dismissed because the Prothonotary's grant of the Protective Order, including Attorneys' Eyes Only, expert disclosure and storage provisions, was a proper exercise of discretion supported by uncontradicted evidence of confidentiality and risk of commercial harm, consistent with the Federal Courts Rules and relevant precedent, and not clearly wrong.

Court Disposition

Appeal dismissed with costs

Orders

  • Rivard Instruments Inc.'s appeal of Prothonotary Tabib's pre-trial Protective Order is dismissed with costs.