Swist v. MEG Energy Corp., 2021 FC 10
Justice Fothergill - 2021-01-20
Read full decision. Automatically generated summary:
The 746 Patent is titled “Pressure Assisted Oil Recovery”, and relates generally to “second stage oil recovery and more specifically to exploiting pressure gradients in oil recovery”. ... For the reasons that follow, I conclude that MEG’s use of eMSAGP and eMVAPEX at Christina Lake does not infringe the specified claims of the 746 Patent. Furthermore, claims 1 to 8 of the 746 Patent are anticipated by the prior art and lack utility. ... I agree with Swist that the absence of any motivation to find the solution of the 746 Patent renders the obviousness analysis futile.
Decision relates to:
- T-1069-14 - JASON SWIST ET AL v. MEG ENERGY CORP.
- A-35-21(2022 FCA 118) - which is an appeal from this decision