Steelhead LNG (ASLNG) Ltd. v. ARC Resources Ltd., 2024 FCA 212
Justice Mactavish; Justice Stratas; Justice de Montigny - 2024-12-11
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In a recent ruling, the Federal Court affirmed that the majority of claims in Canadian Patent No. 3,027,085 were invalid due to obviousness and anticipation by prior art. Out of 84 claims, only five were upheld. The appellate court highlighted that the Federal Court's findings relied heavily on the credibility of expert witnesses and factual analysis, which would only be overturned if palpable and overriding error was demonstrated—a standard that was not met by the appellants. The court rejected claims of legal error regarding the disclosure requirements and the analysis of obviousness, asserting that the findings adhered to established legal principles. Ultimately, the appeal was dismissed, and costs were to be determined following further written submissions from both parties. The decision underscores the stringent standards applied in patent validity assessments and the court's deference to factual findings made by the lower court.
Decision relates to:
- A-361-23 - STEELHEAD LNG (ASLNG) LTD. et al. v. ARC RESOURCES LTD. et al. which is an appeal from 2023 FC 1684 in T-1488-20