Inspection of Property in Patent Infringement Actions

Abstract:

Orders from Canada’s Federal Court that permit the inspection of property are often seen as extraordinary orders rarely granted in patent infringement actions. This paper reviews the statutory basis for inspection orders and the Federal Court jurisprudence that led to this view. The authors also examine Ontario case law with respect to inspection orders and more recent Federal Court jurisprudence to suggest that inspection orders may, in certain circumstances, be seen as a more typical part of the discovery process. Such orders should not be overlooked as part of the litigation toolbox in patent infringement actions.