The defendants in a patent infringement action sought to compel answers to discovery questions asking for the plaintiffs' "position" on issues raised in the pleadings, such as patent construction and inventive steps.
The plaintiffs objected on the basis that the questions improperly sought opinions or particulars of pleadings.
The Federal Court upheld most of the objections, reaffirming that discovery is limited to eliciting facts, and that questions seeking expert or legal opinions should be pursued by requests for particulars.
