T-Rex Property AB v. Pattison Outdoor Advertising Limited Partnership, 2022 FC 1008
Justice Roy - 2022-07-08
Read full decision. Automatically generated summary:
The Defendants/Plaintiffs by Counterclaim move to exclude the Reply Expert Report of Jawadi. This matter is one more incident in a trial about the alleged infringement of a patent owned by the Plaintiff/Defendant by Counterclaim (“T-Rex”). ... What gives rise to the motion to exclude is a fourth report produced by Mr. Jawadi that he designated as a “Reply Expert Report (Claims Construction and Infringement)”. ... Pattison contends that it does not constitute a proper reply. ... If there is new evidence in paragraphs 11 and 98 to 171, this constitutes impermissible case splitting because representativeness should have been anticipated in view of the facts. ... Accordingly, paragraphs 11 and 98 to 171 of the Reply Report of December 17, 2021 are inadmissible in evidence at the trial to resume on October 24, 2022. Given that the other paragraphs have already been withdrawn by T?Rex, the whole Reply Report will not be filed in evidence.
Decision relates to:
- T-1066-17 - TREX PROPERTY AB v. PATTISON OUTDOOR ADVERTISING LIMITED PARTNERSHIP ET AL