Decision

Advanced Powders & Coatings Inc. v. Tekna Plasma Systems Inc., 2026 FCA 13

Justice Locke; Justice Roussel; Justice Goyette - 2026-01-22

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Of particular importance to this appeal, the Federal Court found [see 2024 FC 871] that the term “depletion layer” in the claims in issue was not a term of art and that the skilled reader of the patents in suit would not be able to construe this term. On this basis, the Federal Court found the claims in issue to be invalid for ambiguity. ... the Federal Court concluded that the claims in issue were ambiguous because the skilled reader would not be able, as regards the 502 Patent, to distinguish between the depletion layer and the native oxide layer, and hence would not be able to determine whether the former was deeper and thicker than the latter, and as regards the 236 Patent, to determine the existence of a depletion layer or its parameters. In these conclusions, we see no error of law, no palpable and overriding error of fact, nor any error of mixed fact and law from which an error of law is extricable.

Decision relates to:

 

Canadian Intellectual Property