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ARTICLE · 16 NOVEMBER 2022

Concurrent Jurisdiction For Patent Infringement Actions

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.

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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.

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