BOLTON, ONTARIO Mold & Hotrunner Technology AG cannot appeal the $11 million judgment levied against it in 2006, when a court ruled that MHT officials stole secret Husky computer-aided-design files to create 48-cavity PET preform molds.
The German Federal Supreme Court has rejected MHT's bid to appeal, Husky Injection Molded Systems Ltd. of Bolton announced May 23.
MHT officials did not return telephone calls placed to corporate headquarters in Hochheim, Germany, or the U.S. office in Peachtree City, Ga.
In 1996, former employees of a Husky preform mold plant in Germany founded MHT after Husky had closed the factory.
The German Federal Supreme Court issued its $11 million verdict in November 2006. Earlier, before the monetary amount was calculated, the court said it would not hear an appeal by MHT. But MHT was able to challenge the denial and that appeal was denied March 19, according to Husky.
Husky issued some points from an English translation of the court's comments:
* ``It is certain that the defendants acquired plaintiffs' design drawings illegally and used them to manufacture their own molds,'' and so MHT ``culpably infringed a trade secret.''
* MHT ``did not show that the molds sold were only to a certain extent based on [Husky's] design files and that the rest was based on their own design drawings.''
* MHT employees ``did not create their own design drawings, but rather used [Husky's] design files.''
The court case relates specifically to MHT's sale of 48-cavity preform molds. Husky officials said they tried to settle the legal dispute with MHT to no avail.
``There also remain a number of active cases involving MHT's broader illegal use of Husky's engineering data, which we believe are supported by this most recent Supreme Court ruling,'' Husky said in a news release.