CALGARY, Alberta, April 25, 2019 (GLOBE NEWSWIRE) -- Essential Energy Services Ltd. (TSX: ESN) (“Essential”) announces it has won the patent appeal.
Essential has been advised that the Federal Court of Appeal (“Appeal Court”) has rendered its decision with regard to the appeal filed by Packers Plus Energy Services Inc. (“Packers Plus” or the “Appellants”) in response to the December 6, 2017 Federal Court of Canada trial judgment that found:
- the asserted patent was invalid for obviousness;
- the asserted patent was invalid due to prior disclosure by Packers Plus; and
- Essential did not infringe the patent (collectively, the “Trial Decision”).
To be successful against Essential, the Appellants needed to have all three elements of the Trial Decision overturned.
On April 25, 2019, the Appeal Court released their decision (the “Appeal Decision”), dismissing Packers Plus’ appeal with costs to Essential and the other defendants. In its reasons, the Appeal Court upheld the portion of the Trial Decision that the asserted patent was invalid for obviousness and, as a result it was not necessary for the Appeal Court to consider the other two elements of the Trial Decision.
“This is tremendous news for Essential,” commented Garnet Amundson, President and Chief Executive Officer. “We have spent five and a half years fighting this battle and are pleased with the Appeal Court’s ruling. The decision upholds our stated position all along that the action was without merit.”
If Packers Plus intends to appeal the Appeal Decision, it would have to first seek and obtain leave from the Supreme Court of Canada (the “Supreme Court”) to hear an appeal. Filing an application for leave to appeal to the Supreme Court does not guarantee that the Supreme Court will hear the matter. The deadline for Packers Plus to file an application for leave to appeal to the Supreme Court, if they choose to do so, is June 24, 2019.
ABOUT ESSENTIAL
Essential provides oilfield services to oil and natural gas producers, primarily in western Canada. Essential offers completion, production and abandonment services to a diverse customer base. Services are offered with coil tubing, fluid and nitrogen pumping and the sale and rental of downhole tools and equipment. Essential offers one of the largest coil tubing fleets in Canada. Further information can be found at www.essentialenergy.ca.
The TSX has neither approved nor disapproved the contents of this news release.
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