Context: Cisco sought to enforce a Letter Rogatory from the U.S. District Court for the Eastern District of Texas, aiming to obtain documents and testimony from Harris, a Canadian corporation, in a U.S. patent dispute involving Video Solutions Pte. Ltd.

Key Decisions:

1. Initial Decision (2024 ONSC 3492 - June 18, 2024):
   • The Ontario Superior Court denied Cisco's request to enforce the Letter Rogatory, finding it premature and overly burdensome for Harris, a non-party to the U.S. litigation.
   • The court noted that Harris had already provided relevant documents to Video Solutions, now the patent holder, and advised Cisco to review these documents in the U.S. litigation first.
   • The decision was without prejudice, allowing Cisco to renew the application with additional evidence.
2. Ruling on Costs (2024 ONSC 4454 - August 12, 2024):
   • The court awarded Harris partial indemnity costs of $32,053.03, as it had reasonably resisted Cisco’s application.
   • The ruling emphasized that Harris had acted appropriately and that the burden of compliance was undue given the circumstances.

Conclusion: The court protected Harris from an overly broad and premature request by Cisco, highlighting the need for caution when imposing burdens on non-parties. Cisco was ordered to pay a portion of Harris's legal costs due to the justified resistance.