Background:

• Seismotech IP Holdings Inc. and Seismotech Safety Systems Inc. (collectively "Seismotech") own four patents related to intelligent thermostats.
• Seismotech believes these patents have been infringed by individuals using intelligent thermostats and seeks a Norwich order against Apple Inc. and Apple Canada Inc. ("Apple") to obtain the identities of individuals who downloaded the controlling apps from Apple's App Store.
• The aim is to sue the end-users directly for patent infringement.

Court's Analysis:

1. Test for Norwich Order:

   • A Norwich order requires a non-party to provide information about potential defendants.
   • The key factors include the existence of a bona fide claim and the public interest.

2. Application to Facts:

   • Lack of Bona Fide Claim:
     • Seismotech's allegations were found speculative, with no specific facts supporting patent infringement claims.
     • Their amended statements lacked clarity and detail regarding which specific components infringed the patents.
   • Public Interest:
     • Suing numerous individual consumers for infringement would impose a disproportionate burden, given the complexity and costs involved in defending patent cases.
     • The action would potentially deprive consumers of access to justice as they would lack the resources or expertise to defend themselves.

Conclusion:

• Seismotech’s motion was dismissed due to lack of a bona fide claim and public interest concerns.
• Seismotech was ordered to pay $8,000 in costs to Apple and $4,000 to Ecobee Technologies ULC, a Canadian thermostat manufacturer involved in the case.