Decision

Seismotech IP Holdings Inc. v. Apple Canada Inc., 2023 FC 1649

Justice Grammond - 2023-12-07

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In this court decision, Seismotech sought a Norwich order to obtain the names and addresses of consumers who downloaded apps controlling intelligent thermostats from Apple's App Store. Seismotech alleged that these thermostats infringed their patents and wanted to sue the consumers who purchased and used them. However, the court dismissed the motion, stating that Seismotech had not shown a bona fide claim and that granting the Norwich order was not in the public interest. The court noted that individual consumers would not be equipped to defend the patent infringement action due to the complexity of the technology involved. The court also explained that the test for a Norwich order requires the plaintiff to have a legitimate basis for the claim, the non-party to be involved in the matter, the non-party to be the only practical source of information, the non-party to be reasonably compensated for complying with the order, and the public interests to outweigh legitimate privacy concerns. The court clarified that a plaintiff does not have to show a likelihood of success at this stage, but some evidence is typically required to establish a legitimate basis for the claim. The court emphasized that the interests of the alleged wrongdoers and the administration of justice are also taken into account in determining whether a Norwich order should be granted.

Decision relates to:

 

Canadian Intellectual Property