Rapid Completions LLC et al. v. Baker Hughes Canada Company, T-1569-15
Associate Justice Aalto - 2021-05-19
Read full decision. Automatically generated summary:
These are three motions for elevated fixed costs in these three separate patent infringement actions ... In essence, pursuant to the order, the costs were also bifurcated between the trial costs and the costs of Phase Two. Since the judgment, arising from the validity trial disposed of the Actions, there was no Phase Two trial. However, significant steps were taken by the parties in preparing for the Phase Two trial. ... In my view, the Plaintiffs are entitled to an award of elevated lump sum costs and a reasonable amount for disbursements as discussed below. ... The main argument of the Defendants is that the costs relating to Phase Two were entirely unnecessary had Packers Plus agreed to an abeyance of Phase Two pending the outcome of the validity phase. They did not. Thus, they are the author of all of the costs thrown away. ... I am satisfied that lump sum should be awarded to each set of Defendants amounting to 66% plus reasonable disbursements as more fully discussed below.
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