Background
- Initial Claim (2021): Adeia alleged Videotron infringed on four Canadian patents (2,967,187; 2,635,571; 2,553,922; 2,775,674) through Helix TV, Illico TV, and Club illico OTT.
- Trial Date: Set for January 13, 2025.
- Motion to Amend: Adeia sought to amend its claim to include new allegations of infringement related to illico TV and VRAI TV services.
Legal Framework
- Rule 75 of the Federal Courts Rules: Allows amendments to pleadings if just and fair.
- Considerations: Reasonable prospect of success, timeliness, trial impact, and clarity of the dispute.
Analysis
- Prospect of Success: The court found Adeia’s amendments have a reasonable chance of success and are clear enough for Videotron to respond.
- Timeliness: Filed 10 months after acknowledgment of necessity, close to the expert report deadline, which could prejudice Videotron.
- Discovery Rights: Videotron requires additional discovery, to be managed by the court for focus and proportionality.
- Costs: Adeia will bear additional discovery costs.
Order
- Amendment Approval: Adeia may file the amended claim.
- Discovery Plan: Additional discovery must be planned and approved by the court.
- Cost Allocation: Additional discovery costs to be paid by Adeia.
- Motion Costs: Costs of this motion are in the cause. The court's order does not specify any total monetary award or damages.
The court allowed the amendment, balancing procedural fairness and trial schedule integrity.
Successful Party: The court's order primarily addresses procedural issues, such as the amendment of claims and discovery processes. It does not explicitly declare a successful party in terms of the substantive patent infringement claims.
