Paid Search Engine Tools, LLC v. Google Canada Corporation, 2021 FC 515
Justice McDonald - 2021-06-01
Read full decision. Automatically generated summary:
The issue raised on this Motion relates specifically to Google’s evidence on the non-infringing alternatives. PSET claims that Google has taken a new position on this issue as reflected in their Amended Defence and the opinions of Google’s experts in their recently served reports. ... PSET suggests that Google has obfuscated on this issue and is now attempting to introduce through experts information that was not otherwise disclosed. The trial in this matter is scheduled to begin on June 14, 2021. ... Although PSET acknowledges that Rule 248 prevents Google from leading evidence at trial on any question it has refused in discovery, it argues that opinion of Google’s experts supports a strong inference that further documents or information exists on Google’s use of or assessment of different auction mechanisms. ... Overall, I am not convinced that PSET has demonstrated with convincing evidence that documents likely exist. I do not view the amendments to paragraph 18 of Google’s defence as raising a new issue. Rather, it appears to be an attempt to bring Google’s position in line with the Federal Court of Appeal decision in Nova Chemicals Corporation v Dow Chemicals Company, 2020 FCA 141. Nor am I convinced that the expert reports allow the drawing of an inference that there are other documents or information relating to non-infringing alternatives.
Decision relates to:
- T-40-18 - PAID SEARCH ENGINE TOOLS, LLC v. GOOGLE CANADA CORPORATION ET AL