Swist v. MEG Energy Corp.
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2021 FC 10 |
| Date | 20 January 2021 |
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6 practice notes
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Swist v. Meg Energy Corp.
...phase of the proceeding. [2] In the trial of the liability phase, which included eight days of expert and fact evidence, the Federal Court (2021 FC 10, Fothergill J.) found no infringement by MEG. It also granted MEG’s counterclaim, finding claims 1 to 8 of the 746 patent invalid for......
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Federal Court Of Appeal Confirms MEG Energy Does Not Infringe An Invalid Patent
...been ordered to pay $537,190.76 into Court as security for costs. Footnotes 1. 2022 FCA 118 ["Swist"]. 2. Swist v. MEG Energy Corp., 2021 FC 10. 3. Corlac Inc. v. Weatherford Canada Ltd., 2011 FCA 228 at paras. 21-35. 4. Swist at para. 22. 5. Swist at para. 62, citing 2015 FCA 115. 6. Swist......
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Promise Me No Promises? The Five-year Anniversary Of The Supreme Court's AstraZeneca Decision
...Hannah Im, Ayushi Thakur, and Justin Kim for their assistance in gathering much of the data cited in this article. 25. Swist v MEG Energy, 2021 FC 10. 26. Aux Sable Liquid Products v JL Energy Transportation, 2019 FC 581 [Aux 27. Safe Gaming System v Atlantic Lottery Corporation, 2018 FC 54......
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A Pair Of SAGD Cases Highlight The Application Of Purposive Patent Claims Construction: Swist v MEG Energy Corp And Betser-Zilevitch v PetroChina Canada Ltd
...went to trial on all issues, it seems these decisive construction issues may have been appropriate for summary adjudication. Footnotes 1 2021 FC 10. 2 Interestingly, the defendant's counterclaim for invalidity based on obviousness was dismissed, notwithstanding the judge had already found t......
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2 cases
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Swist v. Meg Energy Corp.
...phase of the proceeding. [2] In the trial of the liability phase, which included eight days of expert and fact evidence, the Federal Court (2021 FC 10, Fothergill J.) found no infringement by MEG. It also granted MEG’s counterclaim, finding claims 1 to 8 of the 746 patent invalid for......
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Swist v. Meg Energy Corp.
...[MEG] by Jason Swist and Crude Solutions Ltd [collectively Swist] as a result of this Court’s judgment in Swist v MEG Energy Corp, 2021 FC 10 [Swist]. [2] This Court held in Swist that Canadian Patent 2,800,746 [746 Patent], titled “Pressure Assisted Oil Recovery”, is n......
4 firm's commentaries
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Federal Court Of Appeal Confirms MEG Energy Does Not Infringe An Invalid Patent
...been ordered to pay $537,190.76 into Court as security for costs. Footnotes 1. 2022 FCA 118 ["Swist"]. 2. Swist v. MEG Energy Corp., 2021 FC 10. 3. Corlac Inc. v. Weatherford Canada Ltd., 2011 FCA 228 at paras. 21-35. 4. Swist at para. 22. 5. Swist at para. 62, citing 2015 FCA 115. 6. Swist......
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Promise Me No Promises? The Five-year Anniversary Of The Supreme Court's AstraZeneca Decision
...Hannah Im, Ayushi Thakur, and Justin Kim for their assistance in gathering much of the data cited in this article. 25. Swist v MEG Energy, 2021 FC 10. 26. Aux Sable Liquid Products v JL Energy Transportation, 2019 FC 581 [Aux 27. Safe Gaming System v Atlantic Lottery Corporation, 2018 FC 54......
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A Pair Of SAGD Cases Highlight The Application Of Purposive Patent Claims Construction: Swist v MEG Energy Corp And Betser-Zilevitch v PetroChina Canada Ltd
...went to trial on all issues, it seems these decisive construction issues may have been appropriate for summary adjudication. Footnotes 1 2021 FC 10. 2 Interestingly, the defendant's counterclaim for invalidity based on obviousness was dismissed, notwithstanding the judge had already found t......
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Avoiding The Hindsight Trap In The Context Of A Patent Obviousness Analysis
...at para 198 (Furlanetto J.) 6. Astrazeneca Canada Inc v Apotex Inc, 2015 FC 322 at para 231 (Barnes J.) see also Swist v Meg Energy Corp, 2021 FC 10 at paras 209-210 (Fothergill 7. Akebia Therapeutics Inc v FibroGen Inc, [2020] EWHC 866 (Pat) at para 36 (Lord Arnold) 8. Akebia Therapeutics ......
