Betser-Zilevitch v. Petrochina Canada Ltd., 2021 FC 85

Justice Manson - 2021-01-26

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The 627 Patent is entitled “System and Method for Steam-Assisted Gravity Drainage (SAGD)-Based Heavy Oil Well Production”. ... Overall, the evidence before me falls well short of the threshold of proving on a balance of probabilities that the Plaintiff is not the owner, or that Nexen should be the valid owner. ... Upon my review of the evidence, including the Navisworks program, I agree with the Defendant that the MRCP Modules do not infringe claims 1 to 8 of the 627 Patent because they fail to include the element of having a plurality of flow lines on the first, lower level. ... Having regard to the prior public uses and the totality of the evidence before the Court, I find that it would not have been obvious to place the steam injection flow line on the same first level as the heavy oil production flow line.

Decision relates to:



Canadian Intellectual Property