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Federal Court
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Cour fédérale
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PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
WEATHERFORD
EDWARD GRENKE AND GRENCO INDUSTRIES LTD.
(Defendants by Counterclaim)
and
CORLAC INC., NATIONAL-OILWELL CANADA LTD.
AND NATIONAL OILWELL INCORPORATED
(Plaintiffs by Counterclaim)
REASONS FOR ORDER AND ORDER
[1] At the commencement of this trial several binders of documents were marked as Exhibit 10 on the basis that only those documents introduced through a witness would constitute evidence and form the final version of Exhibit 10. In hindsight, Exhibit 10 should have been marked for “identification”.
[2] The documents listed in the attached Schedule A are those which were introduced through a witness and as such constitute the final version of Exhibit 10.
[3] The Registry is to remove all the other documents in Exhibit 10 and shred them. New volumes will be created containing the documents described in Schedule A and these shall be retained as the Exhibit 10 documents.
[4] The Court shall remove from the Judge’s Copy of the original Exhibit 10 volumes those documents not listed in Schedule A and such removed documents will not be read or referred to and shall be destroyed.
ORDER
THIS COURT ORDERS that the documents listed in Schedule A constitute the final version of Exhibit 10, and the Registry shall comply with paragraph 3 as soon as is practicable.
SCHEDULE A
Exhibit 10 List
| Exhibit No.
|
Description
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Date
Filed/ Marked
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| 10(P322)
|
Refer to Index page of Exhibit
|
April 20, 2009
|
| 10(P302)
|
Refer to Index page of Exhibit
|
April 20, 2009
|
| 10(P360)
|
Refer to Index page of Exhibit
|
April 20, 2009
|
| 10(P300)
|
Refer to Index page of Exhibit
|
April 20, 2009
|
| 10(P305)
|
Refer to Index page of Exhibit
|
April 20, 2009
|
| 10(P314)
|
Refer to Index page of Exhibit
|
April 20, 2009
|
| 10(301)
|
Refer to Index page of Exhibit
|
April 20, 2009
|
| 10(P316-317)
|
Refer to Index page of Exhibit
|
April 20, 2009
|
| 10(P297)
|
Refer to Index page of Exhibit
|
April 20, 2009
|
| 10(P299)
|
Refer to Index page of Exhibit
|
|
| 10(D148)
|
Refer to Index page of Exhibit
|
April 21, 2009
|
| 10(P353), last two pages
|
Refer to Index page of Exhibit
|
April 24, 2009
|
| 10(P303)
|
Refer to Index of Exhibit
|
April 27, 2009
|
| 10(D123)
|
Refer to Index of Exhibit
|
April 27, 2009
|
| 10(D147)
|
Refer to Index of Exhibit
|
April 28, 2009
|
| 10(D341) pg.125
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Refer to Index of Exhibit
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April 28, 2009
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| 10(D189)
|
Refer to Index of Exhibit
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April 28, 2009
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| 10(D311)
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Refer to Index of Exhibit
|
April 28, 2009
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| 10(P139)
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Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P141)
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Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P144)
|
Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P154)
|
Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P215)
|
Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P207)
|
Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P158)
|
Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P161)
|
Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P183)
|
Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P188)
|
Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P184)
|
Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P179)
|
Refer to Index of Exhibit
|
April 29, 2009
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| 10(P199)
|
Refer to Index of Exhibit
|
April 29, 2009
|
| 10(P201)
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Refer to Index of Exhibit
|
April 29, 2009
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| 10(D362)
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Refer to Index of Exhibit
|
April 30, 2009
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| 10(D151)
|
Refer to Index of Exhibit
|
April 30, 2009
|
| 10(D162)
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Refer to Index of Exhibit
|
April 30, 2009
|
| 10(D193)
|
Refer to Index of Exhibit
|
April 30, 2009
|
| 10(D208)
|
Refer to Index of Exhibit
|
April 30, 2009
|
| 10(D205)
|
Refer to Index of Exhibit
|
April 30, 2009
|
| 10(P149)
|
Refer to Index of Exhibit (corrected reference from Tab 159 on May 14, 2009 in hearing)
|
April 30, 2009
|
| 10(D341) pg.200-202
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Refer to Index of Exhibit
|
April 30, 2009
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| 10(P203)
|
Refer to Index of Exhibit
|
May 4, 2009
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| 10(P143)
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Refer to Index of Exhibit
|
May 4, 2009
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| 10(P145-P146)
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Refer to Index of Exhibit
|
May 4, 2009
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| 10(P136)
|
Refer to Index of Exhibit
|
May 4, 2009
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| 10(P147-P148)
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Refer to Index of Exhibit
|
May 4, 2009
|
| 10(P150)
|
Refer to Index of Exhibit
|
May 4, 2009
|
| 10(P153)
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Refer to Index of Exhibit
|
May 4, 2009
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| 10(P341) pg.407
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Refer to Index of Exhibit
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May 4, 2009
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| 10(P168)
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Refer to Index of Exhibit
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May 4, 2009
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| 10(P163)
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Refer to Index of Exhibit
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May 4, 2009
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| 10(P171-P172)
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Refer to Index of Exhibit
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May 4, 2009
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| 10(P185)
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Refer to Index of Exhibit
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May 4, 2009
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| 10(P192)
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Refer to Index of Exhibit
|
May 4, 2009
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| 10(P177)
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Refer to Index of Exhibit
|
May 4, 2009
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| 10(P197)
pg.64,65
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Refer to Index of Exhibit
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May 4, 2009
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| 10(P191)
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Refer to Index of Exhibit
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May 4, 2009
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| 10(P197)
pg.90-92
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Refer to Index of Exhibit
|
May 4, 2009
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| 10(P341)
pg.275-276
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Refer to Index of Exhibit
|
May 4, 2009
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| 10(P134)
pg.39-41
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Refer to Index of Exhibit
|
May 4, 2009
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| 10(D134)
|
Refer to Index of Exhibit
|
May 4, 2009
|
| 10(D204)
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Refer to Index of Exhibit
|
May 4, 2009
|
| 10(D204) pg.1 - 2
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Refer to Index of Exhibit
|
May 4, 2009
|
| 10(D156)
|
Refer to Index of Exhibit
|
May 5, 2009
|
| 10(D157)
|
Refer to Index of Exhibit
|
May 5, 2009
|
| 10(D152)
|
Refer to Index of Exhibit
|
May 5, 2009
|
| 10(D341) pg.963,964,
976,993,
413,82,
1008,271,
273,232,
233,234,
8-9,5-7,
34-37,382
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Refer to Index of Exhibit
|
May 5, 2009
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| 10(D197) pg.23
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Refer to Index of Exhibit
|
May 5, 2009
|
| 10(D134) pg.39
|
Refer to Index of Exhibit
|
May 5, 2009
|
| 10(D276)
|
Refer to Index of Exhibit
|
May 5, 2009
|
| 10(D277)
|
Refer to Index of Exhibit
|
May 5, 2009
|
| 10(D194)
|
Confidential – Licence Agreement
|
May 6, 2009
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| 10(D204)
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Invoices & related documentation in its entirety
|
May 6, 2009
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| 10(P132)
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File history of CA Patent 2,095,473
|
May 6, 2009
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| 10(P135)
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File history of CA Patent 2,098,324
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May 6, 2009
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| 10(P353)
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Refer to Index of Exhibit (filed in its entirety)
|
May 6, 2009
|
| 10(D196) page 129
|
Figure 1 of 932 Patent
|
May 6, 2009
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| 10(D348)
pg.200
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Note outlining Rotating Stuffing Box Idea; Mr Britton testifies the note is in his hand writing and the idea is his
|
May 11, 2009
|
| 10(D196) pg.117-130
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CA Patent 2088932, filed in entirety
|
May 12, 2009
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| 10(P357)
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Memo and notes in its entirety
|
May 12, 2009
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| 10(P344)
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Memo from Wellhead drive optimization team
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May 12, 2009
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| 10(P356) pg.240
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Diagram of a GrenCo drive head (stuffing box)
|
May 12, 2009
|
| 10(D341)
|
Drawings and hand writing identified as W.Torfs by
Magda Torfs on pgs. 944, 969, 981-984, 989, 1001-1004, 1006-1013, 1040, 1041, 1043, 1044, 934, 935, 958
|
May 13, 2009
|
| 10(D346)
|
Refer to Index page of Exhibit
|
May 19, 2009
|
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1236-01
STYLE OF CAUSE: WEATHERFORD CANADA LTD., WEATHERFORD
and
CORLAC INC., NATIONAL-OILWELL CANADA LTD. and NATIONAL OILWELL INCORPORATED
PLACE OF HEARING:
DATE OF HEARING: April 20-24 and 27-30, 2009
May 4-7, 11-14, 19-22 and 27-29, 2009
June 1, 2009
APPEARANCES:
| Mr. Robert MacFarlane
Mr. Adam Bobker
Mr. Joshua Spicer
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WEATHERFORD CANADA LTD. and
WEATHERFORD
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| Mr. Bruce Stratton
Mr. Vincent Man
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FOR THE PLAINTIFFS,
EDWARD GRENKE and
GRENCO INDUSTRIES LTD.
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| Mr. Christopher Kvas
Mr. William Regan
Ms. Mala Joshi
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SOLICITORS OF RECORD:
| BERESKIN & PARR
Barristers & Solicitors
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WEATHERFORD CANADA LTD. and
WEATHERFORD
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| DIMOCK STRATTON LLP
Barristers & Solicitors
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FOR THE PLAINTIFFS,
EDWARD GRENKE and
GRENCO INDUSTRIES LTD.
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| RIDOUT & MAYBEE LLP
Barristers & Solicitors
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