Swist v. Meg Energy Corp., 2022 FCA 118

Justice Mactavish; Justice Laskin; Justice Monaghan - 2022-06-20

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The 746 Patent, titled “Pressure Assisted Oil Recovery”, describes a method of extracting heavy oil from underground reservoirs. The appellants, of the 746 patent, brought an action in the Federal Court against the respondent (MEG), an Alberta oil producer. They alleged that the methods MEG uses to extract oil infringe claims 1 to 6 and 8 of the 746 patent. MEG denied infringement, and counterclaimed for a declaration that claims 1 to 8 are invalid for anticipation, obviousness, inutility, and overbreadth. ... In the trial of the liability phase, which included eight days of expert and fact evidence, the Federal Court (2021 FC 10, Fothergill J.) found no infringement by MEG. It also granted MEG’s counterclaim, finding claims 1 to 8 of the 746 patent invalid for anticipation and inutility. ... n this appeal, the appellants submit that the Federal Court committed reversible errors in its construction of the 746 patent, in failing to find infringement, and in finding invalidity on the basis of anticipation and inutility. ... I conclude that the Federal Court committed no reversible errors in its construction of the 746 patent or in its findings on infringement and anticipation. On this basis, I would dismiss the appeal.

Decision relates to:


Canadian Intellectual Property