Heffco Inc. v. Dreco Energy Services Ltd.
T-1322-92
Hargrave P.
27/6/95
7 pp.
Motion for production of documents pursuant to R. 453 arising out of litigation regarding patentability of combination drilling tool -- Defendants claiming patent invalid on ground of prior art and contend drilling tool available in both Canada and U.S. prior to date of patent -- Defendants requesting files of Canadian and U.S. patent agents relating to patenting of drilling tool as evidence to rebut presumption of validity-Defendants having right to access to documents which may directly or indirectly advance defendants' case or damage plaintiff's case-Courts considering file history in context of determining prior art before patent examiner (Samsonite Corp. v. Holiday Luggage Inc. (1988), 20 C.P.R. (3d) 291 (F.C.T.D.)) -- Defendants entitled, subject to privilege claim, to production of Canadian files -- Ample precedent for production by plaintiff of documents held by U.S. patent agents -- As prior art among issues considered by U.S. patent agent, reasonable to assume U.S. files containing information either directly or indirectly advancing defendants' case or damaging plaintiff's case -- Order granted with respect to both Canadian and U.S. files -- Federal Court Rules, C.R.C., c. 663, R. 453 (as am. by SOR/90-846, s. 15).