Canadian Energy Services Inc v Secure Energy Services Inc, 2020 ABQB 473


Read full decision. Summary prepared by Alan Macek:

"This is a dispute over the rights to and flowing from a patent. Each side claims ownership of the patent and alleges infringement thereof by the other. ... Preliminary applications have been brought by both sides. ... In my view, the real threshold question in this matter is, if Patent 834 resulted from confidential information misappropriated from Genesis by Ewanek, could Secure be successful in claiming ownership thereof or is such a claim doomed to failure by virtue of the limitation issue advanced by CES and/or the Release? ... Taking all of the foregoing into account, I find that CES has met its burden under Rule 7.3 of establishing that there is no merit to Secure’s Defence and Counterclaim. CES’ application for summary judgment is granted." (DLA Piper represented the successful applicants)


Canadian Intellectual Property