Packers Plus Energy Services Inc. v Essential Energy et al, 2017 FC 1111
Justice O'Reilly - 2017-12-06
Read full decision. Summary prepared by Alan Macek:
This trial decision relates to a consolidation of various proceedings involving the plaintiffs and defendants. The action relates to a claim by the plaintiff Packers Plus Energy Services Inc that the Essential defendants have infringed Packers' Canadian Patent No 2,412,072 relating to hydraulic fracturing (fracking). Packers' claim against Essential has been merged with the collective defendants' counterclaims that the 072 patent is invalid. The Court concluded that Essential had not infringed the 072 patent either directly, in concert with others or by inducement, with the Court saying, "Perhaps the collectivity of companies involved in a fracturing operation could be said to work the method claimed in the 072 patent. However, each of their respective contributions to the operation would amount to a partial or, at most, an indirect infringement, not a direct infringement of the patent." The Court also found that the patent was invalid because the invention was previously disclosed and for obviousness; the subject matter of the claims did not represent an inventive step compared to the state of the art at the relevant time. The claim of infringement were dismissed and the defendants' counterclaim of invalidity was granted.
Decision relates to:
- T-1569-15 - RAPID COMPLETIONS LLC ET AL. v. BAKER HUGHES CANADA COMPANY
- T-1728-15 - PACKERS PLUS ENERGY SERVICES INC ET AL v WEATHERFORD INTERNATIONAL PLC ET AL
- T-1741-13 - PACKERS PLUS ENERGY SERVICES INC. v. ESSENTIAL ENERGY SERVICES LTD. ET AL
- A-31-18(2019 FCA 96) - which is an appeal from this decision
- T-2088-15 - PACKERS PLUS ENERGY SERVICES INC. ET AL v. RESOURCE WELL COMPLETION TECH.