Husky won’t appeal decision in Athena lawsuit

Husky Injection Molding Systems Ltd. will not appeal the dismissal of its lawsuit against Athena Automation Ltd.

According to a July 7 news release from Woodbridge, Ont.-based Athena, Husky has now abandoned its appeal of the judge’s decision released April 2016.

On April 22, Justice Frank Newbould on the Ontario Superior Court of Justice found that Robert Schad and Athena – which Schad founded in 2008 – had breached the confidentiality agreement he had in place with Husky, but concluded that Athena didn’t make any material use of the information in developing its own technology. Athena employees had access to new Husky technology at injection molder Niigon Technologies Ltd. in MacTier, Ont., the judge found, but did not make material use of the knowledge.

“I am glad that this stressful period is behind us, and we look forward to competing on a level playing field,” Schad said in a statement.

Athena currently builds 150, 300, and 450 metric ton injection molding machines. A new 155,000-square-foot plant for just-in-time manufacturing of machines is ramping up operations. The existing 40,000-square-foot building houses the head office including sales and customer services.

Schad – who is 87 – founded Bolton, Ont.-based Husky in 1953, took the company public in 1998, and sold it in 2007.