Decision

ABB Technology AG v. Hyundai Heavy Industries Co., Ltd., 2013 FC 947

Justice Barnes - 2013-09-11

Read full decision. Automatically generated summary:

In this patent infringement action the Plaintiffs, ABB Technology AG, ABB Inc. and ABB AG (collectively ABB), allege that the Defendant, Hyundai Heavy Industries Co., Ltd. (Hyundai), has infringed Canadian Letters Patent No. 2,570,772 (772 Patent) and Canadian Letters Patent No. 2,567,781 (781 Patent).  The specific acts ABB complains about involve the sale by Hyundai of several medium voltage gas-insulated switchgear (GIS) assemblies to British Columbia Transmission Corporation and/or to British Columbia Hydro Authority (collectively BC Hydro).  Those GIS assemblies are alleged to infringe a number of essential features claimed in the 772 and 781 Patents.  The Defendant has counterclaimed against the Plaintiffs seeking declarations of invalidity with respect to both patents.  This action has been bifurcated and only the liability issues are now before the Court.

Decision relates to:

  • T-735-11 - ABB TECHNOLOGY AG AND ABB INC v. HYUNDAI HEAVY INDUSTRIES CO., LTD.
  • A-346-13(2015 FCA 181) - which is an appeal from this decision

 

Canadian Intellectual Property