Decision

NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486

Justice McVeigh - 2023-11-07

Read full decision. Automatically generated summary:

This action and counter-action pertain to a number of patents (seven, now reduced to six) relating to tools and sleeves used to drill multistage horizontal oil wells for hydrocarbons. The Plaintiff NCS, and the Defendants Kobold and Promac, provide equipment to the oil and gas industry for hydraulic fracturing. ... I am dismissing NCS’s claims in T-1420-18 and T-567-20. Neither Kobold nor Promac infringed any of the claims asserted in NCS’s patents, and importantly, the Asserted Claims of NCS’s patents are invalid. With respect to the 571 Patent, I will allow the Defendants’ counterclaim and find NCS’s LP3 sleeves infringe upon Claims 6, 11, 12, and 16 of the 571 Patent. Kobold is entitled to a permanent injunction enjoining NCS from the further use, manufacture, or sale of the LP3 sleeves. Kobold is further entitled to the delivery up or destruction under oath of the LP3 sleeves. Determination of the quantum of damages will be subject to a separate trial, during which Kobold will have the right to elect between damages and an accounting of profits. Costs will be awarded to the Defendants in the lump sum of $1,800,000.00 in fees and $568,418.38 in disbursements, plus taxes payable forthwith by the Plaintiff.

Decision relates to:

  • T-1420-18 - NCS MULTISTAGE INC. v. KOBOLD CORPORATION, ET AL
  • T-1942-15 - NCS MULTISTAGE INC. v. KOBOLD SERVICES INC.
  • T-567-20 - NCS MULTISTAGE INC. v. PROMAC INDUSTRIES LTD.

 

Canadian Intellectual Property