Farmobile, LLC v. Farmers Edge Inc.

Farmobile, LLC v. Farmers Edge Inc.

The Federal Courts Rules do not permit multiple solicitors of record as of right; however, on the facts of this case special circumstances justified granting leave under Rule 55 to Farmobile to have Gowling WLG (Canada) LLP and Seastone IP LLP as co-solicitors of record, subject to conditions (Farmers Edge need only obtain consent from either firm), and the motion to strike the Notice was dismissed.

Citation
2021 FC 1200
Parties
Plaintiff/defendant by Counterclaim: Farmobile, LLC; Defendant/plaintiff by Counterclaim: Farmers Edge Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 November 2021
Procedural Posture
Patent Infringement; Motion Regarding Solicitors of Record / Interlocutory Motion (case Management)
Outcome
Motion dismissed; leave granted to Farmobile to be represented by two solicitors of record subject to conditions; no order as to costs.
Legal Topics
Solicitor of Record, Change of Solicitor, Co Solicitors, Federal Courts Rules Interpretation, Protective Orders (ceo Access), Case Management
Source Language
English
Civil Procedure Professional Responsibility Intellectual Property Patent Law Solicitor of Record Change of Solicitor Co Solicitors Federal Courts Rules Interpretation +2 more

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Parties

Farmobile, LLC

Plaintiff/defendant by Counterclaim

Farmers Edge Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement; Motion Regarding Solicitors of Record / Interlocutory Motion (case Management)

Legal Issues

  1. 1 Whether the Federal Courts Rules permit a party to have more than one solicitor of record as of right
  2. 2 Whether special circumstances exist to permit co-solicitors of record in this proceeding

Ratio Decidendi

The Federal Courts Rules do not permit multiple solicitors of record as of right; however, on the facts of this case special circumstances justified granting leave under Rule 55 to Farmobile to have Gowling WLG (Canada) LLP and Seastone IP LLP as co-solicitors of record, subject to conditions (Farmers Edge need only obtain consent from either firm), and the motion to strike the Notice was dismissed.

Court Disposition

Motion dismissed; leave granted to Farmobile to be represented by two solicitors of record subject to conditions; no order as to costs.

Orders

  • The motion by Farmers Edge to strike out the Notice of Change and Appointment of Solicitor is dismissed.
  • Farmobile is granted leave to be represented by two solicitors of record, Gowling WLG (Canada) LLP and Seastone IP LLP, in this proceeding.