Rovi Guides, Inc. v. Videotron Ltd., 2021 FC 19
Justice Lafrenière - 2021-01-06
Read full decision. Automatically generated summary:
The issue to be determined on this motion is whether the Court should grant the request by the Defendant, Videotron to reopen the evidentiary portion of the patent infringement trial to allow the parties to adduce additional expert evidence relating to the accounting of profits remedy sought by the Plaintiff, Rovi. The motion is brought due to what Videotron characterizes as a “sea change” in the law relating to the accounting of profits remedy as dictated by the recent decision of the Federal Court of Appeal in Nova Chemicals Corporation v. Dow Chemicals Company, 2020 FCA 141. ... For the above reasons, I consider it in the interests of justice to grant Videotron’s motion and admit expert evidence from the parties to assist the Court with additional context and calculations based on the existing trial evidence of the full cost approach in accordance with the Nova Chemicals decision. As trial judge, I would be assisted by expert evidence on this narrow issue, to the extent I will be considering the accounting of profits remedy. (DLA Piper represents Videotron in this proceeding)
Decision relates to:
- T-921-17 - ROVI GUIDES, INC. ET AL v. VIDEOTRON G.P. ET AL