Seismotech IP Holdings Inc. v. Ecobee Technologies ULC, 2024 FCA 205
Justice Mactavish; Justice de Montigny; Justice LeBlanc - 2024-12-02
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In this appeal, the court reviewed a Federal Court decision that dismissed a motion for a Norwich order. This order would have compelled technology companies to disclose the identities of consumers who allegedly infringed on the appellants' patents by purchasing certain smart thermostats. The initial motion was dismissed on the grounds that the appellants failed to demonstrate a bona fide claim against the unidentified defendants and that public interest did not favour granting the order, as it could impede meaningful access to justice for the consumers involved. The appellants argued that the Motion Judge incorrectly applied the standard for a bona fide claim and improperly used adverse inferences during cross-examination. The court, however, upheld the Motion Judge's application of the law, confirming the need for a legitimate claim and the broader public interest analysis, thus affirming the dismissal of the motion.
Decision relates to:
- A-352-23 - SEISMOTECH IP HOLDINGS INC. et al. v. ECOBEE TECHNOLOGIES ULC et al. which is an appeal from 2023 FC 1649 in T-1147-23