Essential Energy Services Provides Details of the Positive Patent Litigation Decision
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CALGARY, Alberta, Dec. 11, 2017 (GLOBE NEWSWIRE) — Essential Energy Services Ltd. (TSX:ESN) (“Essential” or the “Company”) provides details of the positive patent litigation decision.
On November 3, 2017, the Federal Court of Canada (the “Court”) rendered a decision in Essential’s favor with regard to a patent infringement proceeding commenced by Packers Plus Energy Services Inc. (“Packers Plus”), ruling that the Packers Plus patent was not valid and that Essential did not infringe the patent (the “Decision”). On December 7, 2017, the Court finalized and released the judgment publicly.
The Decision included the following findings by the Court:
- Validity – There were two independent reasons for the Court’s ruling that the Packers Plus patent was invalid:
- Prior Disclosure – The Court ruled that Packers Plus publicly disclosed the subject matter of its patent to third parties more than one year prior to the filing date of the patent, which under Canadian patent law, eliminated its rights to a patent; and
- Prior Art / Obviousness – The Court ruled that the subject matter of the patent was not inventive compared to what was already known in the industry at the time.
- Infringement – The Court ruled that:
- Essential did not infringe the patent;
- Essential did not induce others to infringe the patent; and
- Essential did not act in concert with others to infringe the patent.
In order to have any claim of damages against Essential, Packers Plus would have to appeal, and successfully overturn, both grounds on which the Court ruled that the patent was not valid and also overturn the Court’s ruling that Essential did not infringe the patent.
The deadline for Packers Plus to appeal the Court’s decision, if they choose to do so, is January 8, 2018.
FORWARD LOOKING STATEMENTS AND INFORMATION
This news release contains certain “forward-looking statements” or “forward-looking information” (collectively referred to herein as “forward-looking statements”) within the meaning of applicable securities legislation. Such forward-looking statements include, without limitation, forecasts, estimates, expectations and objectives for future operations that are subject to a number of assumptions, risks and uncertainties, many of which are beyond the control of the Company. Forward-looking statements are statements that are not historical facts and are generally, but not always, identified by the words “expects”, “plans”, “anticipates”, “believes”, “intends”, “estimates”, “projects”, “potential” and similar expressions, or are events or conditions that “will”, “would”, “may”, “could” or “should” occur or be achieved. This news release contains forward-looking statements, pertaining to, among other things, the following: whether Packers Plus will appeal the Court’s Decision, the deadline for Packers Plus to file an appeal and the grounds upon which Packers would have a successful claim for damages against Essential.
Although Essential believes that the material factors, expectations and assumptions informing such forward-looking statements are reasonable based on information available to it on the date such statements were made, no assurances can be given as to future results and such statements are not guarantees of future performance. Essential’s actual results may differ materially from those expressed or implied in forward-looking statements and readers should not place undue importance or reliance on the forward-looking statements.
Such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause actual results or events to differ materially from those anticipated in such forward-looking statements including, without limitation: the potential impact on the Company’s business of an adverse decision on appeal of the Decision and laws applicable to the Decision and to Essential generally; and certain other risks detailed from time to time in Essential’s public disclosure documents including, without limitation, those risks identified in this news release, and in Essential’s annual information form, copies of which are available on Essential’s SEDAR profile at www.sedar.com. Readers are cautioned that the foregoing list of factors is not exhaustive.
Statements including forward-looking statements are made as of the date they are given and, except as required by applicable securities laws, Essential disclaims any intention or obligation to publically update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. The forward-looking statements contained in this news release are expressly qualified by this cautionary statement.
Essential provides oilfield services to oil and natural gas producers, primarily in western Canada. Essential offers completion, production and abandonment services to a diverse customer base. Services are offered with coil tubing, fluid and nitrogen pumping and the sale and rental of downhole tools and equipment. Essential offers the largest coil tubing fleet in Canada. Further information can be found at www.essentialenergy.ca.
The TSX has neither approved nor disapproved the contents of this news release.
FOR FURTHER INFORMATION, PLEASE CONTACT: Garnet K. Amundson President and CEO Phone: (403) 513-7272 Karen Perasalo Investor Relations Phone: (403) 513-7272