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ARTICLE · 14 MAY 2024

Navigating The Grey: Deciphering "Use" In Patent Infringement Claims

McMillan LLP
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In a recent case of Steelhead LNG (ASLNG) Ltd. v. Arc Resources Ltd. [Steelhead], the Federal Court of Appeal (FCA) discussed the topic of what constitutes "use" of a patented invention in the context...

CanadaIntellectual Property
Pablo Tseng
Pablo Tseng
Alex Buonassisi
Alex Buonassisi
Ada Ang (Summer Student)
Ada Ang (Summer Student)
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In a recent case of Steelhead LNG (ASLNG) Ltd. v. Arc Resources Ltd. [Steelhead,1 the Federal Court of Appeal (FCA) discussed the topic of what constitutes "use" of a patented invention in the context of infringement under section 42 of the Patent Act.2

Background

The appellants own Canadian Patent No. 3,027,085 (the "Patent") that relates to apparatus, methods, and systems for the liquefaction of natural gas.3 The claimed invention – a floating liquefied natural gas (FLNG) facility – comprises three key elements: (i) a floating modular design; (ii) an air-cooled liquefaction process; and (iii) electric-driven compressors.4

The appellants had disclosed confidential information pertaining to the Patent, including the design of a proposed FLNG facility, to the respondents.5 The respondents then prepared a preliminary engineering design study for a FLNG facility, which contained engineering drawings and specifications, and disclosed the design study to potential

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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