Decision

Packers Plus Energy Services Inc. v Essential Energy Services Ltd et al, 2020 FC 68

Justice O'Reilly - 2020-01-17

Read full decision. Automatically generated summary:

In a consolidated trial that took place over the course of 19 days in 2017, the defendants were successful in showing that the plaintiffs’ patent was invalid on grounds of anticipation and obviousness; the plaintiffs were unsuccessful in proving infringement (2017 FC 1111). The decision was upheld on appeal (2019 FCA 96) and leave to appeal to the Supreme Court of Canada was denied (2019/12/19). The defendants now bring this motion for increased costs against the plaintiffs. Each defendant seeks an individual assessment of its costs, preferably a lump-sum representing 50% of their taxable legal fees, plus disbursements. ... The defendants are entitled to individual cost awards calculated at 40% of their taxable costs, plus disbursements, as adjusted according to these reasons.

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
  • T-2088-15 - PACKERS PLUS ENERGY SERVICES INC. ET AL v. RESOURCE WELL COMPLETION TECH.

 

Canadian Intellectual Property