Packers Plus Energy Services Inc. v. Essential Energy Services Ltd., 2021 FC 986
Justice Fuhrer - 2021-09-23
Read full decision. Automatically generated summary:
The Plaintiffs, Packers Plus Energy Services Inc. and Rapid Completions LLC, challenge the elevated costs awarded to the Defendants (shortened, Essential Energy, Baker Hughes and Weatherford) following the Defendants’ success on the patent validity trial. The Case Management Judge, Prothonotary Aalto ordered elevated costs for steps taken in connection with the infringement and damages issues, including during the period when the validity trial decision was under reserve (T-1569-15). The Plaintiffs move to appeal the Case Management Judge’s costs order. I am not persuaded that Prothonotary Aalto made a jurisdictional error in awarding elevated costs nor that he erred in assessing the lump sum award at 66% of actual legal fees. For the more detailed reasons that follow, I dismiss the Plaintiffs’ motion and appeal, with costs.
Decision relates to:
- T-1569-15 - RAPID COMPLETIONS LLC ET AL. v. BAKER HUGHES CANADA COMPANY
- T-1728-15 - PACKERS PLUS ENERGY SERVICES INC ET AL v WEATHERFORD INTERNATIONAL PLC ET AL
- T-1741-13 - PACKERS PLUS ENERGY SERVICES INC. v. ESSENTIAL ENERGY SERVICES LTD. ET AL