Kobold Corporation and Kobold Completions Inc. (“Kobold”) announce that in a ruling issued by the Federal Court of Canada on November 7 in relation to a patent infringement lawsuit brought by NCS Multistage Inc. (“NCS”) against Kobold, the Court ruled that Kobold was entirely successful in its defence and counterclaim.
In a case that the trial judge agreed is “perhaps the most complex intellectual property matter before the Federal Court”, the court invalidated all the asserted claims in five of NCS’s tool and sleeve shifting patents. NCS’s Canadian Patent Nos. 2,693,676; 2,820,652; 2,738,907; and 2,766,026 were declared invalid for being non-inventive and obvious. Canadian Patent No. 2,820,704 was declared invalid for being overbroad. The Court also declared that Kobold does not infringe any of these patents.
With respect to Kobold’s counterclaim, the Court ruled that the asserted claims of Kobold’s 3,027,571 Patent are valid and are infringed by certain of NCS’s LP3 Sleeves. The Court granted an injunction against NCS prohibiting further use, manufacture, and sale of NCS’s LP3 sleeves in Canada. NCS has also been ordered to pay Kobold either damages or NCS’s profits in respect of the infringement in an amount to be determined.
Kobold is extremely pleased with this decision. It is an unqualified victory that exonerates Kobold from the claims made against it by NCS and is a vindication of Kobold’s innovative technology.
Located in Calgary, Alberta, Kobold has been in business for over 16 years developing and delivering cutting-edge downhole tool technology and services for drilling and completions in the oil and gas industry. Kobold’s specialization is coil-conveyed technology for well completions, with leading-edge innovation on the horizon.
Information on Kobold’s products can be obtained by visiting Kobold’s website: www.koboldinc.com
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