Appeal from Associate Judge allowed; defendant ordered to produce relevant pressure charts and operating procedures.
The plaintiffs appealed an order of an Associate Judge dismissing their motion to compel further documentary discovery (pressure charts and standard operating procedures) in a patent infringement action.
The Federal Court allowed the appeal, finding that the Associate Judge made palpable and overriding errors by concluding the requested documents were not relevant to the infringement and prior-use defence issues as framed in the pleadings.
