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Packers Plus Energy Services Inc. v. Essential Energy Services Ltd., 2019 FCA 96

Judgment Cited authorities 22 Cited in 12 Precedent Map Related
Vincent
JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2019 FCA 96
Date24 April 2019
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12 practice notes
  • Rovi Guides, Inc. v. Videotron Ltd., 2022 FC 981
    • Canada
    • Federal Court (Canada)
    • June 30, 2022
    ...design for patent infringement in two recent cases: Packers Plus v Essential Energy, 2017 FC 1111 [per O’Reilly J], aff’d in 2019 FCA 96 (although Justice O’Reilly’s ruling on common design was not an issue before the FCA) and Genentech v Celltrion, 2019 FC 293 [......
  • Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
    • Canada
    • Court of Appeal (Canada)
    • September 13, 2023
    ...2002 FCA 216, 219 D.L.R. (4th) 124 at para. 15 (on anticipation); Packers Plus Energy Services Inc. v. Essential Energy Services Ltd., 2019 FCA 96, 164 C.P.R. (4th) 191 at para. 29 [Packers] (on obviousness); Teva Canada Limited v. Pfizer Canada Inc., 2019 FCA 15, 163 CPR (4th) 265 at para.......
  • Apotex Inc. v. Eli Lilly and Company,
    • Canada
    • Court of Appeal (Canada)
    • July 23, 2021
    ...substitute its own appreciation of the witnesses’ testimonies (Packers Plus Energy Services Inc. v. Essential Energy Services Ltd., 2019 FCA 96, 164 C.P.R. (4th) 191 at para. 33; Eli Lilly and Company v. Apotex Inc., 2010 FCA 240, 409 N.R. 173 at para. 8). [29] Apotex also contends t......
  • Flatwork Technologies, LLC (Powerblanket) v. Brierley, 2020 FC 997
    • Canada
    • Federal Court (Canada)
    • October 22, 2020
    ...person using only the common general knowledge available to a POSITA (Packers Plus Energy Services Inc. v Essential Energy Services Ltd., 2019 FCA 96 at para 32). Flexible electric heating devices were available on the market at the 2002 claim date. There were no stated obstacles to using t......
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9 cases
  • Rovi Guides, Inc. v. Videotron Ltd., 2022 FC 981
    • Canada
    • Federal Court (Canada)
    • June 30, 2022
    ...design for patent infringement in two recent cases: Packers Plus v Essential Energy, 2017 FC 1111 [per O’Reilly J], aff’d in 2019 FCA 96 (although Justice O’Reilly’s ruling on common design was not an issue before the FCA) and Genentech v Celltrion, 2019 FC 293 [......
  • Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
    • Canada
    • Court of Appeal (Canada)
    • September 13, 2023
    ...2002 FCA 216, 219 D.L.R. (4th) 124 at para. 15 (on anticipation); Packers Plus Energy Services Inc. v. Essential Energy Services Ltd., 2019 FCA 96, 164 C.P.R. (4th) 191 at para. 29 [Packers] (on obviousness); Teva Canada Limited v. Pfizer Canada Inc., 2019 FCA 15, 163 CPR (4th) 265 at para.......
  • Apotex Inc. v. Eli Lilly and Company,
    • Canada
    • Court of Appeal (Canada)
    • July 23, 2021
    ...substitute its own appreciation of the witnesses’ testimonies (Packers Plus Energy Services Inc. v. Essential Energy Services Ltd., 2019 FCA 96, 164 C.P.R. (4th) 191 at para. 33; Eli Lilly and Company v. Apotex Inc., 2010 FCA 240, 409 N.R. 173 at para. 8). [29] Apotex also contends t......
  • Flatwork Technologies, LLC (Powerblanket) v. Brierley, 2020 FC 997
    • Canada
    • Federal Court (Canada)
    • October 22, 2020
    ...person using only the common general knowledge available to a POSITA (Packers Plus Energy Services Inc. v Essential Energy Services Ltd., 2019 FCA 96 at para 32). Flexible electric heating devices were available on the market at the 2002 claim date. There were no stated obstacles to using t......
    • Request a trial to view additional results
3 firm's commentaries
  • Federal Court Of Appeal: Obviousness Is An 'Inherently Factual' Inquiry
    • Canada
    • Mondaq Canada
    • July 18, 2019
    ...were obiter and not necessary to consider on appeal.25 Footnotes 1 Packers Plus Energy Services Inc. v. Essential Energy Services Ltd., 2019 FCA 96 ("Packers Plus 2 See, e.g., Ciba Specialty Chemicals Water Treatments Limited's v. SNF Inc., 2017 FCA 225 , Bristol-Myers Squibb Canada Co. c.......
  • Something "Not So New" In The World Of Fracking
    • Canada
    • JD Supra Canada
    • April 30, 2019
    ...hydraulic fracturing technology: Packers Plus Energy Services Inc. and Rapid Completions LLC v. Essential Energy Services Ltd. et al, 2019 FCA 96. In support of its patent, Packers had issued a series of infringement suits against several players in the Canadian oil industry, including Bake......
  • Something 'Not So New' In The World Of Fracking
    • Canada
    • Mondaq Canada
    • May 15, 2019
    ...hydraulic fracturing technology: Packers Plus Energy Services Inc. and Rapid Completions LLC v. Essential Energy Services Ltd. et al, 2019 FCA 96. In support of its patent, Packers had issued a series of infringement suits against several players in the Canadian oil industry, including Bake......

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