Surewerx USA Inc. v. Dentec Safety Specialists Inc., 2022 FC 921
Associate Justice Tabib - 2022-06-17
Read full decision. Automatically generated summary:
This is an action for infringement of certain patents and of an industrial design registration. The Plaintiffs bring a motion to challenge the designation of the identity of the Defendant’s manufacturer as “Solicitor’s Eyes Only” information. ... The balance struck by the Protective Order is that it allows designation of certain information on a relatively low standard of good faith belief, but on challenge, requires the designating party to establish that the document objectively meets the criteria for the designation. Once the designating party has met its burden, the receiving party must accept the designation, unless it can show that certain directions are needed to balance its right to fairly defend or prosecute the action against the risk of harm established by the designating party. ... I find that the Defendant has not met its burden of establishing, on the balance of probabilities, that disclosure of the identity of its supplier to the Plaintiffs could, in fact, cause it harm. ... Consequently, I am not satisfied that the information at issue in fact merits the designation of SEO Information.
Decision relates to:
- T-1050-20 - SUREWERX USA INC. ET AL. v. DENTEC SAFETY SPECIALISTS, INC.