This bulletin was incorrectly attributed in the October 9th edition of the Lexology newsletter. We apologize for this error.
In this motion, Verizon requested that the action be stayed in favour of litigation commenced in New Jersey relating to patent infringement. TR Labs commenced the within action relating to breach of a licence agreement in the Alberta Courts. TR Labs also filed an action in New Jersey against Verizon alleging infringement of certain U.S. patents. The Alberta Court considered arguments relating to forum conveniens. After reviewing the various factors, the Court found that Alberta maintains jurisdiction with respect to the contractual matter but the Alberta Court does not have jurisdiction over U.S. patent matters. As a result, the Court held that the Alberta proceedings would be stayed pending the outcome of the New Jersey action.