In an ongoing patent infringement trial, the Defendant moved to reopen the evidentiary record before closing arguments to adduce additional expert evidence regarding the full cost approach to an accounting of profits.
The motion was prompted by the recent Federal Court of Appeal decision in Nova Chemicals, which the Defendant argued fundamentally changed the governing law.
The Court applied the test to reopen a trial, finding that the proposed evidence could change the result and could not have reasonably been obtained earlier given the state of the law prior to Nova Chemicals.
The Court granted the motion, as well as the Plaintiff's cross-motion to file reply expert evidence.
