Goodmans IP Litigation Team Represents NCS on Successful Patent Appeal

October 22, 2025

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Over the past decade, the Goodmans IP Litigation Team has developed a specialized practice in assuming carriage of appeals taken from unsuccessful patent trial-level decisions.  These appeals include: 

• Evolution Technologies v. Human Care Canada, 2019 FCA 209;

• GEMAK Trust v. Jempak Corporation, 2022 FCA 141;

• Sandoz Canada v. Janssen, 2023 FCA 221; and

• Pharmascience v. Janssen, 2024 FCA 23.

In late 2023, by way of a lengthy trial decision of the Federal Court (2023 FC 1486), NCS Multistage Inc. (“NCS”) was found to infringe a patent related to downhole equipment used in hydraulic fracturing (or fracking).

Shortly thereafter, the Goodmans IP Litigation Team, led by Andrew Brodkin and Jordan Scopa, were retained to take carriage of NCS’s appeal.

After a hearing in early April 2025, this week, the Federal Court of Appeal issued a decision allowing NCS’s appeal, setting aside the relevant paragraphs of the trial judgment and remitting certain issues to be decided by the Federal Court:  NCS v. Kobold, 2025 FCA 187.

The Federal Court of Appeal’s decision addresses issues relating to:

• claims construction (including claim scope and dependencies);

• double patenting (including the application of double patenting to divisional applications that expire on the same date as their parent application); and

• costs awards (including procedural fairness and the evidence required to support a claim to costs based on a percentage of actual legal fees).

Should you require any assistance in intellectual property litigation matters, including appeals, please do not hesitate to contact a member of the Goodmans IP Litigation Team.