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

Both of ABB Technology’s patents have been found invalid in an action for infringement. These patents relate to gas insulated switchgear assemblies, used in the transmission of electricity. The ‘781 Patent was found to be invalid as it encompassed technology that was known in the prior art, namely using viewing windows to ascertain the position of knife blade switches in medium voltage gas-insulated switchgear. Alternatively, the patent was also found to be obvious for viewing windows were in use for high voltage gas-insulated switchgear.

The validity of the ‘722 Patent turned on the construction of claim 1. Cable grounding was found to be an essential element to the circuit breaker component, incorporated into a single compartment. On this construction, it too was found to be obvious.