Background:
- Zacon Limited alleges that PDI infringed on its patent by manufacturing and selling Opposing Swing Steel Doors (OSDs), which were installed at Pretium’s Brucejack mine.
- Zacon claims the right to either damages or an accounting of profits due to the alleged infringement.
- The defendants deny these allegations, and the case centers on the production of documents related to financial records and the profits generated from the use of the OSDs.
Plaintiff's Motion:
Zacon requested:
- Financial records regarding the mine doors' use, including operational importance and profits.
- Cross-examination of officers if the affidavits lacked relevant knowledge.
Defendants' Response:
- PDI claims it has already disclosed relevant documents (around 400) concerning sales and profits from the OSDs.
- Pretium argues the claim does not involve its profits, only PDI’s.
Court's Decision:
- The court dismissed Zacon's motion for further production of documents and cross-examination, ruling that PDI has sufficiently disclosed financial documents.
- It was determined that Pretium’s profits were not relevant to the case as the claim focused on PDI’s infringement.
- Zacon’s motion was considered premature, and further evidence could be sought during discovery.
Conclusion:
The plaintiff's motion was dismissed. The court will consider costs if the parties cannot agree. No amount provided in the decision.
