The two filings will be reviewed together by Brazil’s Barra dos Coqueiros courts, said AMSC in a statement.
The dispute involves the 23 1.5MW Sinovel turbines imported for the SL1500/82 turbines will be installed in a 34.5MW wind farm in Sergipe, Brazil. Sinovel is also planning to build an assembly plant in north-east Brazil.
Since the turbines arrived in Brazil last year, Desenvix has been requesting evidence from Sinovel that the product does not contain AMSC’s allegedly stolen software code, said the US company. Sinovel has failed to provide "adequate" evidence, it added.
"Sinovel’s continual refusal to provide adequate proof that the turbines do not contain stolen intellectual property left us – and their own customer – with no choice but to file a court order to have the turbines inspected. We will continue to take the appropriate measures in Brazil and around the world to protect our intellectual property," said John Powell, General Counsel, AMSC.
Go global strategy endangered
This is not the first time Sinovel's overseas expansion has been affected by the legal battle with AMSC. Last year, Mainstream Renewables halted a contract in July 2011, which would have seen Sinovel build 1GW of projects in Ireland over the next five years.
Although Mainstream said the deal was technically still in place, the developer signed a deal with Enercon for one of the projects last year. A Mainstream spokesman said it was looking at alternative suppliers for the other projects.