DNOW Canada ULC, et al v. Darin Grenke et al., 2020 FCA 61

Justice Dawson; Justice Rennie; Justice Rivoalen - 2020-03-11

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In Weatherford Canada Ltd. v. Corlac Inc., 2010 FC 602 (substantially affirmed 2011 FCA 228), the Federal Court found that the 937 Patent was valid and had been infringed by Corlac Inc., Corlac Equipment Ltd., National Oilwell Inc. and National-Oilwell Canada Ltd. ... The plaintiffs elected to recover damages. In reasons cited as 2018 FC 564 the Federal Court provided its assessment that the defendants were obliged to pay to the plaintiffs damages in the amount of $7,915,000. Subsequently, the damages were increased to $8,207,000 in a corrected, amended judgment. This is a consolidated appeal from the original and the amended judgments of the Federal Court. ... There was sufficient evidence before the Court to support its finding that the plaintiffs’ historical market share provided a reliable basis on which to calculate the lost sales suffered by the plaintiffs. It follows that I would dismiss this ground of appeal. ... In circumstances where there was no standard package of add-ons and customers chose to buy some or no additional items, the plaintiffs failed to demonstrate in the “but for” world Corlac customers who chose to buy a GrenCo drive instead would, because of that purchase, also purchase associated items. ... For these reasons I would award no damages in respect of the claim of lost convoyed sales. ... I would wholly set aside the damage award in the amount of $750,000 on account of the lost profit on convoyed sales. In all other respects I would dismiss the appeal. (DLA Piper represented the respondent in this appeal)

Decision relates to:


Canadian Intellectual Property