Mud Engineering Inc. v. Secure Energy Services Inc.
MUD ENGINEERING INC.
Law Firm / Organization
Smart & Biggar LLP
AN-MING (VICTOR) WU
Law Firm / Organization
Smart & Biggar LLP
SECURE ENERGY SERVICES INC.
SECURE ENERGY (DRILLING SERVICES) INC.

- Parties: The appellants were Mud Engineering Inc. and An-Ming (Victor) Wu. The respondents were Secure Energy Services Inc. and Secure Energy (Drilling Services) Inc.

- Subject Matter: The appellants brought against the respondents an action for infringement of their patents. An issue in this case was whether the patents belonged to the appellants, which would give them standing to sue for infringement and would allow them to proceed with their action. The respondents alleged that respondent Secure Energy (Drilling Services) Inc. owned the patents. The appellants moved for a summary trial to resolve the ownership issue. Both sides sought competing declarations of ownership. In A-136-22, the companion appeal, the appellants challenged the Federal Court’s June 15, 2022 order striking out significant portions of their affidavit filed in the summary trial.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed both the main appeal and the companion appeal. The appeal court rejected the appellants’ argument that the Federal Court’s order was brief, lacking in reasons, and legally insufficient for failing to state the legal test for settlement privilege. The appeal court accepted that the Federal Court did not explicitly state the test but found the court’s reasons adequate.

- Date: The hearing was set on June 20, 2023. The court released its decision on Aug. 15, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded the respondents costs of the companion appeal in the agreed amount of $10,000.

Federal Court of Appeal
A-136-22
Intellectual property
$ 10,000
Respondent
27 June 2022