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Case ‘crosses multiple jurisdictions and covers two issues’

Westinghouse is to appeal a US district court decision to dismiss a lawsuit to stop two South Korean state-run companies from exporting nuclear power plants, determining it is not qualified to take the legal move.

The District Court for the District of Columbia rejected the complaint that Westinghouse filed against Korea Hydro Nuclear Power (KHNP) and parent company Korea Electric Power (Kepco) last October.

The US company filed the suit to prevent the South Korean companies from transferring technical information on reactor designs, which it claims have been licensed by it, to Poland and other countries under a US export control regulation.

In the legal filing in October, Westinghouse said KHNP’s APR14000 reactor design includes intellectual property licensed by Westinghouse and requires permission from the US company before being transferred to Poland and other countries considering deploying the plant.

Westinghouse told NucNet in an email that its dispute with Kepco/KHNP crosses multiple jurisdictions and covers two issues: compliance with US nuclear technology export control requirements, and Kepco/KHNP’s long-standing obligations to comply with Westinghouse’s intellectual property rights that they agreed to contractually.

The use of Westinghouse intellectual property outside South Korea is the principal dispute between the parties.

“The decision by the US District Court merely holds that export control enforcement resides with the US government,” said David Durham, president of energy systems at Westinghouse. “Westinghouse intends to appeal the decision.”

The decision has no bearing on the ongoing arbitration proceeding against Kepco/KHNP involving Kepco/KHNP’s non-allowed transfer of Westinghouse’s intellectual property outside South Korea.

“Westinghouse is committed to protecting our intellectual property and we fully expect to be successful in the arbitration on all issues,” Westinghouse said.

The arbitration panel has confirmed that a final ruling is not expected until late 2025.

Date: Thursday, 21 September 2023
Original article: nucnet.org/news/company-confirms-plans-to-appeal-us-court-ruling-on-south-korea-dispute-9-3-2023