Steelhead LNG (ASLNG) LTD. et al. v. Arc Resources Ltd. et al.
Steelhead LNG (ASLNG) LTD. et al.
Arc Resources Ltd. et al.
Law Firm / Organization
Goodmans LLP

- Parties: The appellants were Steelhead LNG (ASLNG) Ltd., Steelhead LNG Limited (Partnership). The respondents were Arc Resources Ltd., Birchcliff Energy Ltd., Rockies LNG GP Corp., and Rockies LNG Limited Partnership.

- Subject Matter: This appeal sought to set aside a Federal Court judgment relating to invalidated claims of Canadian Patent No. 3,027,085. This appeal concerned the appropriate legal test for anticipation when a patent claimed a combination of elements and the question of whether prior disclosure of certain essential claim elements, uncombined, was sufficient to anticipate the claimed combination of those essential elements. The appeal alleged that the trial judge erred at law and applied an incorrect legal test in finding certain claims of the patent invalid on the basis of anticipation and in finding that disclosure of options was the disclosure of the combination. Allegedly, the cited prior art disclosed, at best, some features of the patented invention along with a list of “options” which would remain to be carefully selected and combined by a skilled person before they could arrive at the patent's claimed combinations. This case is ongoing.

- Date: The hearing was set on Dec. 11, 2024.

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

- Amount: No financial award was specified.

Federal Court of Appeal
A-361-23
Intellectual property
$ 0
23 December 2023