The Federal Court has provided a new Notice to the Profession stating that in an action for infringement or validity of a patent, when a party intends to conduct experimental testing conducted for the purpose of litigation, it shall, no later than two months before the scheduled service of the expert report(s) in chief, advise the other parties as to:

  1. the facts to be proven by such testing;
  2. the nature of the experimental procedure to be performed;
  3. when and where the adverse parties’ counsel and representative(s) can attend to watch the experiment(s); and
  4. when and in what format the data and test results from such experiment(s) will be shared with the adverse parties.