Background:

• Kobold Corporation and associated entities appealed an order that dismissed their motion to compel NCS Multistage Inc. to provide further documentation related to a patent infringement case involving hydraulic fracturing equipment.

Key Issues:

• Whether the documents requested by Kobold (Category One and Two Documents) were relevant to the case.
• Whether the Case Management Judge (CMJ) erred in the earlier decision to dismiss Kobold’s motion for further document production.

Court’s Analysis and Decision:

• The Federal Court granted Kobold’s appeal, finding that the CMJ made an error in determining the relevance of the requested documents.
• The court ruled that the documents were indeed relevant, particularly regarding the timing of pressure equalization and the formation of an annular passageway in the fracking equipment, which were central to the patent infringement claims.
• The court also noted that NCS’s prior use of some of the requested documents in summary judgment proceedings contradicted its claim of non-reliance and confirmed their relevance.

Outcome:

• The Federal Court ordered NCS to provide a further and better affidavit of documents and to produce at least a representative sample of both Category One and Two Documents.
• The decision emphasized the importance of complete evidence production in patent infringement cases, especially when the disputed technology’s operational details were central to the claims.
• No amount for costs/award specified.