Canadian Consulting Engineer

Uponor wins patent infringement suit for PEX pipe

March 22, 2016   CCE

This article was revised on April 6, 2016 – see below.

Uponor AB, a subsidiary of Uponor Corporation and an affiliate of Uponor North America, Inc., has won a favourable 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 that manufacture and sell PEX pipe. As a result of the ruling, they 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 Justice Manson ruled in favor of Uponor AB. The action in the U.S. was previously stayed pending the outcome of the Canadian litigation.

“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.

To read a Uponor press release, click here.

 

POSTSCRIPT

HeatLink has lodged an appeal of the Federal Court of Canada ruling, based on the premise that errors were made in the March 16 ruling.  Click here to see Heatlink’s release.

 

POSTSCRIPT – April 6, 2016

Mississauga, ON, April 5, 2016 — Uponor announced today that it has reached an intellectual property licensing agreement with HeatLink Group Inc. and PexCor Manufacturing Inc.

HeatLink Group Inc. and PexCor Manufacturing Inc. are affiliated companies based in Calgary, Alberta that manufacture and sell PEX pipe. The agreement, which allows their use of Uponor’s patented technology for PEX pipe manufacturing under license, resolves ongoing litigation in the U.S. and Canada regarding infringement of Uponor’s Canadian Patent 2,232,376.

Click here

 


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