Steelhead LNG (ASLNG) Ltd. v. Arc Resources Ltd., 2022 FC 998
Justice Manson - 2022-07-06
Read full decision. Automatically generated summary:
This is a motion brought by the Defendants... for a summary trial. ... I am satisfied that sufficient evidence has been provided at the hearing to determine the question of infringement [by way of summary trial]. ... the only remaining question is whether reference to a conceptual design of an LNG project by the Defendants in promotional materials to third parties ... constitutes “use” of the claimed invention in the 085 Patent. ... Based on the evidence, it appears that, if anything, the Consortium were marketing themselves to potential business partners with the KBR pre-FEED study design as proof of concept that an LNG facility was feasible in the area. This does not even amount to a “paper offer” as conceived in Domco. The Defendants’ business was and is seeking to supply natural gas to a FLNG facility; the Defendants did not use a FLNG facility at all, and certainly not one within the claims of the 085 Patent. ... I find that the Defendants will be awarded 30% of reasonable legal fees and 100% of reasonable disbursements for the action to date, inclusive of the summary trial, but exclusive of any motions for which costs have been fixed.
Decision relates to:
- T-1488-20 - STEELHEAD LNG (ASLNG) LTD ET AL. v. SEVEN GENS ENERGY LTD, ROCKIES LNG ET AL
- A-210-22(2024 FCA 67) - which is an appeal from this decision