Rovi Guides, Inc. v. Videotron G.P., 2019 FCA 321

Justice Gauthier; Justice Locke; Justice de Montigny - 2019-12-19

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The appellants appeal from the dismissal by the Federal Court (per Lafrenière J., 2019 FC 1220) of their motion seeking (i) an order for documentary production from several non-parties (pursuant to Rule 233 of the Federal Courts Rules, SOR/98-106 (the Rules)); (ii) leave to examine several non-parties (pursuant to Rule 238 of the Rules); and (iii) the issuance of letters of request in relation to those non-parties that are located outside Canada. The non-parties, most of whom are interveners before this Court, fall into three groups, each comprising a Canadian company and one or two related foreign companies ... The appellants assert that the non-parties have information concerning the details of the software that is used in the STBs in issue to implement the trick play and time warp functionalities. The appellants argue that these details are necessary for making their case for patent infringement. ... For the foregoing reasons, I would dismiss the present appeal. [DLA Piper represented the successful respondent]

Decision relates to:


Canadian Intellectual Property