Canadian federal court ruling requires the companies and all related partners to halt manufacture of PEX pipe that infringes the Canadian Patent 2,232,376.
MISSISSAUGA, ON, March 21, 2016 /CNW/ - Uponor AB, a subsidiary of Uponor Corporation and an affiliate of Uponor North America, Inc., today announced that it has secured a favorable ruling from the Federal Court of Canada regarding its patent infringement case against Heatlink Group Inc. and PexCor Manufacturing Inc. Heatlink and PexCor are affiliated companies based in Calgary, Alberta that manufacture and sell PEX pipe. As a result of the ruling, Heatlink, PexCor and any subsidiaries, partners, employees, licensees, assigns, and agents must halt production, offering to sell, and sale of infringing PEX products, and will be ordered to pay yet-to-be-determined damages and costs.
Uponor AB filed suit against Heatlink and PexCor in 2011 in both the U.S. and Canada alleging that the companies infringed claims in a key Uponor patent relating to the manufacture of PEX pipe. In January 2016, the suit went to trial in Calgary, Alberta and on March 16, 2016, Justice Manson ruled in favor of Uponor AB. The action in the U.S. was previously stayed pending the outcome of the Canadian litigation.
Judge Manson's ruling found that:
- Five claims of the '376 Patent are valid and infringed by PexCor and Heatlink.
- PexCor and Heatlink (and any subsidiary and affiliated companies, franchisees, officers, directors, employees, agents, licensees, successors, assigns and any other over whom they have control) are enjoined from manufacturing, using, offering for sale and/or selling to others for their use the apparatus for heating polymer material that infringes the '376 patent and the PEX pipe made therefrom until expiry of the '376 patent.
- Uponor AB is entitled to damages as a result of PexCor's and Heatlink's infringement of claims 16, 17, 25, 26, and 27 of the '376 patent.
- Uponor AB is entitled to pre-judgment interest on the award of damages for each year since the infringing activity began, defined as the date of PexCor's first commercially successful manufacturing of the infringing activity.
- Uponor AB is entitled to post-judgment interest.
- Uponor AB is entitled to costs.
"We're pleased that the Federal Court of Canada deemed these claims to be valid and appreciate the considerable amount of time and effort the Court expended to arrive at its ruling," says Bill Gray, president, Uponor North America.
Uponor Ltd. is a leading supplier of plumbing, fire safety, radiant heating/cooling, hydronic piping and pre-insulated piping systems for the residential and commercial building markets in Canada. The Canadian headquarters is located in Mississauga, Ontario, with satellite offices in Vancouver, Calgary, Regina, Québec and Atlantic Canada as well as two distribution centres serving customers from coast to coast. www.uponor.ca
© 2016 Uponor Ltd.
Uponor is a trademark of Uponor Corporation and Uponor Ltd.
SOURCE Uponor Inc.
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