Jason Swist and Crude Solutions Vs MEG Energy Corp

DATE OF JUDGEMENT: 20.06.2022
CASE NO: A-35-21: [2022 FCA 118]
CASE TITLE: Jason Swist and Crude Solutions Vs MEG Energy Corp
NAME OF HON'BLE COURT: Hon'ble Federal Court of Canada
NAME OF HON'BLE JUDGE: Hon'ble Justices Laskin J.A. , Mactavish J.A. and Monaghan J.A..

Important Finding in the Decision: 1. The Appellant filed Canadian Patent No. 2,800,746, titled “Pressure Assisted Oil Recovery” (the 746 patent), describes a method of extracting heavy oil from underground reservoirs . Para 1

2. This Appeal was filed as claim for infringement was denied and counter claim of was allowed by the Trial Court on the ground of anticipation. Para 2

3. Claim construction must be the same for the purpose of validity and for the purpose of infringement. Para 13

4.For the requirement of disclosure to be satisfied, it is not necessary that “the exact invention” have been made and publicly disclosed; rather, “the requirement of prior disclosure means that the prior patent must disclose subject matter. Para 52.

5.The concept of “special advantage” has been associated with selection patents. A selection patent is a patent (most commonly a pharmaceutical patent) “devoted to a selection of a particular compound, or compounds, from a larger grouping of compounds previously disclosed in general terms and claimed in a pre-existing genus patent. Para 70

6.Having said that, the Hon'ble Division Bench rejected the Appeal as there was no any perversity in the Judgement assailed.

Ajay Amitabh Suman, IPR Advocate,
Hon’ble Delhi High Court,
ajayamitabh7@gmail.com,
9990389539