McKay v. Weatherford Canada Ltd.

McKay v. Weatherford Canada Ltd.

Claims construed to require (1) subjecting a stator housing with adhered elastomer to cryogenic refrigeration meaning temperatures below -50°C until the elastomer shrinks and pulls away, and (2) gradual lowering and raising at a maximum rate of 2.5°C per minute to avoid thermal shock; Weatherford did not prove it took each essential element (no reliable proof of shrink-and-pull event and Weatherford's rates exceeded the claimed 2.5°C/min), so no infringement; however, Weatherford failed to prove the patent was obvious because prior art taught brittle removal at glass transition and rapid immersion methods, not the claimed shrink-and-pull mechanism with gradual temperature control, so the...

Citation
2007 FC 1233
Parties
Plaintiff; Defendant by Counterclaim: John Russell McKay; Defendant; Plaintiffs by Counterclaim: Weatherford Canada Ltd.; Weatherford Artificial Lift Systems Inc.; Weatherford Canada Partnership
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 November 2007
Procedural Posture
Patent Infringement and Validity (obviousness) / Trial Judgment
Outcome
Plaintiff's claim dismissed; Defendant's counterclaim dismissed; costs reserved for further argument
Legal Topics
Infringement, Claim Construction, Obviousness, Prior Art, Expert Evidence, Costs
Source Language
English
Intellectual Property Patent Law Civil Procedure Infringement Claim Construction Obviousness Prior Art Expert Evidence +1 more

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Parties

John Russell McKay

Plaintiff; Defendant by Counterclaim

Weatherford Canada Ltd.; Weatherford Artificial Lift Systems Inc.; Weatherford Canada Partnership

Defendant; Plaintiffs by Counterclaim

Procedural Posture

Patent Infringement and Validity (obviousness) / Trial Judgment

Legal Issues

  1. 1 Proper construction of claims concerning "cryogenic refrigeration" and "gradually" lowered/raised temperatures
  2. 2 Whether Weatherford's process infringed the asserted patent claims
  3. 3 Whether the patent was invalid for obviousness in light of prior art (Murray Rubber, Hydril, Allen, Laussermair)

Ratio Decidendi

Claims construed to require (1) subjecting a stator housing with adhered elastomer to cryogenic refrigeration meaning temperatures below -50°C until the elastomer shrinks and pulls away, and (2) gradual lowering and raising at a maximum rate of 2.5°C per minute to avoid thermal shock; Weatherford did not prove it took each essential element (no reliable proof of shrink-and-pull event and Weatherford's rates exceeded the claimed 2.5°C/min), so no infringement; however, Weatherford failed to prove the patent was obvious because prior art taught brittle removal at glass transition and rapid immersion methods, not the claimed shrink-and-pull mechanism with gradual temperature control, so the...

Court Disposition

Plaintiff's claim dismissed; Defendant's counterclaim dismissed; costs reserved for further argument

Orders

  • The Plaintiff's Claim is dismissed.
  • The Defendant's Counterclaim is dismissed.