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July 2024

Federal Court Makes Rare Holding that Patent Claims are Invalid for Ambiguity

IP Decisions /

Co-authored by Emily Papsin The Federal Court recently held (per McHaffie J.) that the impugned claims of two related patents for an additive manufacturing process (3D printing) were invalid and not infringed because an essential element (“depletion layer”) was ambiguous. Tekna Plasma Systems Inc. v. AP&C Advanced Powders & Coatings Inc., 2024 FC 871 Background […]

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Court Overturns TMOB Decision Based on New Evidence of Earlier and Continuous Use

IP Decisions /

The Federal Court (Tsimberis J.) recently held that the Applicant, F.I.A.L. Finanziaria Industrie Alto Lario, S.P.A. (“Applicant” or “Fial”) is entitled to register the trademark, GALPERTI pursuant to ss. 38(2)(c) and 16(1)(a) of the Trademarks Act (the “Act”) in an appeal of a decision of the Trademarks Opposition Board (“Board”) that had refused Fial’s application

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