Appellant
Respondent
- 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-177-22, the main appeal, the appellants challenged the Federal Court’s June 30, 2022 judgment following a summary trial, where the court dismissed their motion for a declaration of ownership and their patent infringement action.
- Ruling: The appeal court ruled in the respondents’ favour and dismissed both the main appeal and the companion appeal. The appeal court held that sending the case back to the Federal Court would be futile, given that the court found that the appellants fell substantially short of the threshold for a declaration of ownership in their favour.
- 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 main appeal in the agreed amount of $15,000.
Court
Federal Court of AppealCase Number
A-177-22Practice Area
Intellectual propertyAmount
$ 15,000Winner
RespondentTrial Start Date
02 September 2022Download documents