26.6.2024 22:35:28 CEST | Tekna Holding ASA | Additional regulated information required to be disclosed under the laws of a member state
(Arendal, Norway / Sherbrooke, QC, Canada – 26 June 2024)
Tekna Holding ASA (Tekna, OSE: TEKNA), a world-leading provider of advanced materials to industry, today announced a significant victory in a major patent litigation case against AP&C, a subsidiary of GE Aerospace.
In a decisive judgement released today, the Federal Court of Canada has ruled overwhelmingly in favor of Tekna Plasma Systems Inc. (“Tekna”) in an Intellectual Property case concerning competing patent rights to produce titanium powder in Canada. The 244-page ruling confirms that Tekna does not infringe any of Advanced Powders & Coatings Inc.(“AP&C”)’s patents at issue. Furthermore, it was ruled that AP&C’s Canadian patent no. 3,003,502 is, and has always been, invalid and void, and that AP&C’s Canadian patent no. 3,051,236 is also invalid except for a few select claims that are not infringed by Tekna in any event.
The judge indicated: “I conclude the ’502 Patent is invalid and is not infringed by Tekna. Most of the claims of the ’236 Patent are similarly invalid and none of its claims are infringed. Tekna’s action seeking declarations of invalidity and non-infringement in respect of the ’502 Patent is therefore granted. AP&C’s counterclaim seeking declarations that Tekna has infringed the ’502 Patent and the ’236 Patent is dismissed.”
“Our victory today is a testament to our resilience and relentless pursuit of innovation. We remain committed to delivering superior products and services to our customers, confident in our ability to overcome any challenge,” said Luc Dionne, CEO of Tekna. He continues: “The court ruling validates our position and secures our commercial freedom. It further strengthens our reputation as a trusted supplier, ensuring we can continue delivering our flagship product without legal hindrance. Titanium powder accounts for an important percentage of Tekna’s additive materials revenues today, and will be a vital part of our continued growth going forward.”
“We are thrilled with this outcome, as it solidifies Tekna’s market position and showcases the company’s unwavering dedication to excellence and innovation. This ruling motivates us to continue pushing the boundaries in additive manufacturing, reinforcing our leadership and defending our integrity as a world-class provider of materials for the industry,” said Dag Teigland, Chair of the Board of Tekna Holding ASA.
The litigation was initiated by Tekna in January 2019, seeking a declaration that AP&C’s 3,003,502 Patent had always been invalid and was not infringed by Tekna. Tekna stated in the initial Court fi ling that this was to dissipate any uncertainty as to Tekna’s ability to pursue its titanium powder material manufacturing activities in Canada.
“This ruling proves our expertise in creating high-quality titanium powder. Our team successfully exposed the flaws in the competing patents, showcasing our ability to navigate through complex scientific challenges”, says Richard Dolbec, Program Director Emerging Technologies.
Reference is made to the Tekna Holding ASA 2023 Board of Directors’ report (page 25 of the Annual Report 2023). Patent invalidated: CA3,003,502 titled “Metal powder atomization manufacturing processes”. Patent partially invalidated:CA3,051,236 with the same title.
Arina Van Oost, Investor Relations | VP Corporate Strategic Development, Tekna Holding ASA,
+33670115190, [email protected]
https://www.www.tekna.com
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