The Facts
Canadian Energy Services L.P. and Canadian Energy Services Inc.
(collectively, Canadian Energy) are successors in interest to the
party who filed Canadian Patent No 2,624,834 (the 834 patent), as
owner. In Alberta, Canadian Energy sued Secure Energy Services Inc
(Secure Energy) and Secure Energy (Drilling Services) Inc. (Secure
Drilling),( collectively Secure) in 2018 alleging patent
infringement and seeking various types of relief, including a
declaration of patent infringement, declaration of ownership,
injunctive relief, damages, disgorgement, and imposition of a
constructive trust. Secure Energy Services Inc. v. Canadian
Energy Services Inc.2022 ABCA 200
Secure Energy filed a statement of defence and Secure Drilling
filed a counterclaim against Canadian Energy and Mr. Ewanek in
2018, alleging that it was the rightful owner of the 834 patent and
that Canadian Energy held the 834 patent in a constructive trust
for the benefit of Secure Drilling.