GEvMHI patent war goes to appeals court

UNITED STATES: GE's and Mitsubishi Heavy Industries' (MHI) dispute over alleged infringed patents of wind turbine technology has gone to the federal appeals court.

The case centres around Mitsubishi's 2.4MW turbine

GE’s claim is over MHI’s 2.4MW turbine, which it believes infringes its intellectual property rights on a number of counts.

After the US International Trade Commission (ITC) sided with MHI over GE’s initial challenge in January last year, GE filed a new lawsuit in Dallas’ federal court alleging the infringement of two further patents. It also said it planned to appeal against the ITC’s decision.

GE’s patent ‘039, one of the three involved in the dispute, expired on February 1 this year, leading to a federal court decision to dismiss part of GE’s appeal.

In May 2010, MHI went to the US district court in western Arkansas to accuse GE of seeking to monopolize the market for variable speed wind turbines in the US.

The anti-trust suit was allowed to stand but the case has been shelved until the remainder of the patent dispute has been settled.

Mitsubishi began construction of a $100 million nacelle plant in Fort Smith Arkansas in October, which will produce nacelles for the disputed 2.4MW machine.

MHI v GE - the 2.4MW patent war round up