Varco Canada Limited v. Pason Systems Corp.

Varco Canada Limited v. Pason Systems Corp.

On purposive construction Claims 1, 11 and 14 cover a regulator/microcontroller producing signals representing changes in drilling fluid pressure (not limited to pressure-only), the inverse pressure-release relationship is normative but not absolutely mandatory, and selection in Claim 14 can be automatic; the Pason AutoDriller (with EDR, microcontroller and stepper motor) performs the claimed elements and induces others to infringe; the prior art and alleged prior public use did not anticipate or render the patent obvious; responses to CIPO requisitions were made in good faith under Canadian practice; equitable disgorgement of profits is appropriate and the Plaintiffs are entitled to an...

Citation
2013 FC 750
Parties
Plaintiff/defendant by Counterclaim: Varco Canada Limited; Plaintiff/defendant by Counterclaim: Varco, L.P.; Plaintiff/defendant by Counterclaim: Wildcat Services, L.P.; Plaintiff/defendant by Counterclaim: Wildcat Services Canada, ULC; Defendant/plaintiff by Counterclaim: Pason Systems Corp.; Defendant/plaintiff by Counterclaim: Pason Systems Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 August 2013
Procedural Posture
Patent Infringement Action (canadian Patent No. 2,094,313) / Final Judgment (trial) Reasons for Judgment Dated 2013 08 12
Outcome
Judgment for Plaintiffs: Canadian Patent No. 2,094,313 found valid and infringed by Defendants; accounting for profits ordered; injunctive and delivery-up relief granted with details to follow; costs to Plaintiffs
Legal Topics
Claim Construction, Infringement, Validity (anticipation, Obviousness, Inutility), Deemed Abandonment, Accounting of Profits/disgorgement, Inducement, Injunctions, Costs
Source Language
English
Patent Law Intellectual Property Civil Litigation Equitable Remedies Claim Construction Infringement Validity (anticipation, Obviousness, Inutility) Deemed Abandonment +4 more

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Parties

Varco Canada Limited

Plaintiff/defendant by Counterclaim

Varco, L.P.

Plaintiff/defendant by Counterclaim

Wildcat Services, L.P.

Plaintiff/defendant by Counterclaim

Wildcat Services Canada, ULC

Plaintiff/defendant by Counterclaim

Pason Systems Corp.

Defendant/plaintiff by Counterclaim

Pason Systems Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement Action (canadian Patent No. 2,094,313) / Final Judgment (trial) Reasons for Judgment Dated 2013 08 12

Legal Issues

  1. 1 Proper construction of Claims 1, 11 and 14
  2. 2 Whether Pason AutoDriller infringes Claims 1, 11 and 14 (manufacture, use, rental, export)
  3. 3 Validity attacks: anticipation by prior art and prior public use, obviousness, inutility, overbreadth

Ratio Decidendi

On purposive construction Claims 1, 11 and 14 cover a regulator/microcontroller producing signals representing changes in drilling fluid pressure (not limited to pressure-only), the inverse pressure-release relationship is normative but not absolutely mandatory, and selection in Claim 14 can be automatic; the Pason AutoDriller (with EDR, microcontroller and stepper motor) performs the claimed elements and induces others to infringe; the prior art and alleged prior public use did not anticipate or render the patent obvious; responses to CIPO requisitions were made in good faith under Canadian practice; equitable disgorgement of profits is appropriate and the Plaintiffs are entitled to an...

Court Disposition

Judgment for Plaintiffs: Canadian Patent No. 2,094,313 found valid and infringed by Defendants; accounting for profits ordered; injunctive and delivery-up relief granted with details to follow; costs to Plaintiffs

Orders

  • Declaration that Defendants infringed Plaintiffs 313 Patent (Claims 1, 11 and 14)
  • Order for accounting for and disgorgement of Defendants profits in Canada and certain foreign revenue streams in the amount presently calculated at 52881374 CAD (further amounts to be added for any additional profits)