Justice Phelan held that Varco’s patent was valid and infringement in Varco Canada Limited et al. v. Pason Systems Corp. et al., 2013 FC 750. The patent at issue related to autodriller systems used in the petroleum industry, particularly for directional drilling. The proceeding was not bifurcated and the Court ordered a permanent injunction, delivery up and payment of $52 million as disgorgement of profits.
I’ve prepared a chart showing the twenty year ‘life cycle’ of the approximately 30,000 patent applications filed in 1992 and expired in 2012 from filing and examination to grant and abandonment. While approximately 13,000 applications (about 45%) resulted in issued patents, only about 4,000 were still in force after 20 years.
For those following the patent infringement actions started by Dovden Investments Ltd. over the last couple of years, an impeachment action was started yesterday by the Canadian Urban Transit Association (PDF). Dovden Investments has started approximately one third of all patent infringement actions in Canada during the past year.
The Federal Court has advertised for people interested in being selected as a Prothonotary. In other Prothonotary news, the Special Advisor to the Minister of Justice released his report last week containing recommendations for Prothonotary compensation.