Tekna Plasma Systems Inc. v. AP&C Advanced Powders & Coatings Inc., 2024 FC 871
Justice McHaffie - 2024-06-07
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The court decision addressed the validity and infringement of two closely related Canadian patents related to the production of reactive metal powders used in additive manufacturing. The central issue was the concept of a "depletion layer" within the powder particles as stipulated in the patents' claims. The court found most claims of one patent and all claims of the other to be invalid due to ambiguity regarding the determination of the presence of a depletion layer. The court rejected the patent owner's proposed construction method, emphasizing that infringement should be assessed directly against the patent claims, not through comparisons to the patent owner's products. Ultimately, the court determined that the ambiguous claims made it impossible to determine infringement conclusively, leading to a finding of non-infringement for the defendant.
Decision relates to:
- T-126-19 - TEKNA PLASMA SYSTEMS INC. v. AP&C ADVANCED POWDERS & COATINGS INC.
- T-1769-19 - TEKNA PLASMA SYSTEMS INC. v. AP&C ADVANCED POWDERS & COATINGS INC.