Seismotech IP Holdings Inc. v. Ecobee Technologies ULC, 2024 FCA 144
Justice Mactavish; Justice de Montigny; Justice LeBlanc - 2024-09-12
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This case concerns an appeal from an order of the Federal Court adding a respondent as a party defendant in a patent infringement action. The appellants claimed ownership of patents related to smart thermostat technologies and alleged infringement by end users of certain products made by Canadian manufacturers, one of whom was the respondent. The Court held that the Motion Judge did not err in adding the respondent as a party defendant, as doing so was necessary to ensure all matters in dispute could be completely determined. The appellants' arguments challenging the decision were dismissed as the Court found no reversible errors. The Court varied the order to exclude costs, which were not requested earlier, and awarded costs to the respondent. The appeal was therefore granted in part on the costs issue and dismissed in all other respects.
Decision relates to:
- A-277-23 - SEISMOTECH IP HOLDINGS INC. et al. v. ECOBEE TECHNOLOGIES ULC which is an appeal from 2023 FC 1335 in T-1147-23