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Motion for further discovery and updated affidavit of documents granted in part.
In an action for a declaration of patent infringement under the PMNOC Regulations, the defendant brought a motion seeking further discovery and better affidavits of documents from the plaintiff regarding third-party inventors.
The Federal Court ordered the plaintiff to use its best efforts to facilitate the voluntary attendance of a third-party inventor for examination and to provide an updated affidavit of documents including contractual agreements and newly acquired third-party documents.
The Court dismissed the defendant's request to deem third-party discovery evidence as binding upon the plaintiff.