Leah Strand

This decision assesses the costs and disbursements payable to the successful defendant, MEG Energy Corp., following the dismissal of a patent infringement claim.

The defendant sought a lump sum award of nearly $2 million, representing 40% of its actual fees.

The Court declined to order a lump sum, noting the plaintiffs were impecunious inventors and the defendant had needlessly complicated the litigation.

Costs were instead fixed at the high end of Column V of Tariff B. The Court further capped the defendant's recoverable expert fees due to duplication in their evidence.

The plaintiffs sued the defendant for patent infringement regarding a method of heavy oil recovery involving steam assisted gravity drainage (SAGD).

The Federal Court held that the defendant's operations did not infringe the patent claims because the fluid injection volumes were insufficient to generate a large singular zone of increased mobility as required by the patent.

Furthermore, the court declared the asserted claims invalid on the grounds of anticipation by prior art and inutility.