Google LLC v. Sonos, Inc., 2021 FC 1462
Justice Southcott - 2021-12-22
Read full decision. Automatically generated summary:
The Defendant in this action for infringement of a Canadian patent has brought a motion for summary judgment on the basis that the same parties voluntarily dismissed a United States [US] proceeding on a counterpart US patent. The Defendant argues that this dismissal represents an adjudication, factual findings, and/or admissions that prevent the Plaintiff from bringing this action in Canada. As explained in greater detail below, this motion is dismissed, because the Defendant has not established that the Plaintiff made any factual admissions in the US proceeding, or that the voluntary dismissal in that proceeding represents an adjudication of a cause of action or factual issue that would invoke res judicata or like principles, so as to eliminate any genuine issue for trial in the present action.
Decision relates to:
- T-952-20 - GOOGLE LLC v. SONOS, INC.