Abb Technology AG, ABB Inc. v. Hyundai Heavy Industries Co., Ltd., 2015 FCA 181
Justice Stratas; Justice Webb; Justice Near - 2015-08-18
Read full decision. Automatically generated summary:
ABB bring two appeals to this Court from judgments of the Federal Court. In the first appeal (A-346-13), ABB appeals from the Federal Court’s judgment dated September 11, 2013 (per Justice Barnes): 2013 FC 947. In that judgment, the Federal Court dismissed ABB’s claim that the respondent Hyundai Heavy Industries Co., Ltd. (“Hyundai”) infringed Canadian Patent No. 2,567,781 and Canadian Patent 2,570,772. The Federal Court also allowed Hyundai’s counterclaim for a declaration that the ’781 Patent and the ’772 Patent are invalid. In the second appeal (A-379-13), ABB appeals from the Federal Court’s judgment dated October 17, 2013 (per Justice Barnes): 2013 FC 1050. In that judgment, the Federal Court fixed costs in favour of Hyundai in the amount of $350,000. For the reasons that follow, I would dismiss both appeals.
Decision relates to:
- A-346-13 - ABB TECHNOLOGY AG ET AL v. HYUNDAI HEAVY INDUSTRIES CO. LTD. which is an appeal from 2013 FC 947 in T-735-11
- A-379-13 - ABB TECHNOLOGY AG, ABB INC.AND ABBA AG v. HYUNDAI HEAVY INDUSTRIES CO.,LTD. which is an appeal from 2013 FC 1050 in T-735-11