Markwell Clarizio LLP

Author name: Delara Emtyazi (Student-at-Law)

What You Claim Is What You Get; The Disclosure Cannot Change It

On July 29, 2025, the Federal Court of Appeal (“FCA”) per Rennie J.A. dismissed an appeal from a trial judgment that found all claims in AGI Suretrack, LLC’s (“AGI”) 742 Patent invalid for anticipation or obviousness. AGI Suretrack, LLC v. Farmers Edge Inc. 2025 FCA 134 Background AGI’s 742 Patent relates to agricultural technology that […]

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

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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Red Maple Manufacturing Inc. v. Red Maple Bio Inc. 2024 FC 817

On May 29, 2024, the Federal Court (Whyte Nowak J.) granted Red Maple Manufacturing Inc.’s (the “Applicant”) appeal pursuant to subsection 56(1) of the Trademarks Act. The Applicant appealed a decision from the Trademarks Opposition Board (“the Board”) ordering the removal of certain goods from the Applicant’s Trademark Registration. Red Maple Manufacturing Inc. v. Red

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