China’s Supreme People’s Court Sets Hearing Date for AMSC vs. Sinovel Case

AMSC, a global solutions provider serving wind and grid leaders, has announced that China’s Supreme People’s Court has scheduled a hearing for October 26, 2012 regarding one of AMSC’s copyright infringement cases against Sinovel Wind Group Co., Ltd. (Sinovel).

The hearing relates to the Beijing No. 1 Intermediate People’s Court’s decision to reject Sinovel’s request to dismiss AMSC’s copyright infringement case on jurisdictional grounds. The Beijing Higher Court later upheld the Beijing No. 1 Intermediate People’s Court’s decision, prompting Sinovel’s appeal to China’s Supreme People’s Court. In this case, AMSC is seeking approximately US$6 million in compensation and has asked for a cease and desist order on infringing intellectual property.

“We are eager to complete our hearing on October 26 and are hopeful that China’s Supreme People’s Court will demonstrate that it is protecting the interests of all companies – both domestic and foreign,” said AMSC Vice President and General Counsel John Powell. “A ruling by the Supreme Court in our favor will ensure that we can present our compelling evidence at substantive hearings regarding Sinovel’s theft and use of AMSC intellectual property.”

This is one of four legal cases that AMSC has brought against Sinovel in September 2011 regarding Sinovel’s contractual breaches and AMSC’s discovery of intellectual property theft by Sinovel. In total, AMSC is seeking to recover from Sinovel more than $1.2 billion for contracted shipments and damages. An update on AMSC’s other cases is as follows:

• Arbitration (Beijing): AMSC is seeking nearly $70 million in compensation for past shipments and enforcement of the contracts in place at the time of Sinovel’s March 2011 refusal of contracted product delivery. The value of the undelivered components under AMSC’s existing contracts with Sinovel exceed $700 million. Initial hearings with the Beijing Arbitration Commission took place in February, April and August of 2012. AMSC is awaiting its next hearing date.
• Trade Secret Infringement Lawsuit (Beijing): AMSC is seeking approximately US$450 million in a trade secret case that was accepted by the Beijing Higher Court on November 9, 2011 and transferred the case to the Beijing No. 1 Intermediate People’s Court.  This is believed to be the largest intellectual property case ever undertaken in China. AMSC continues to await a hearing date on this case. Similar to the copyright infringement case referenced above, Sinovel has filed a request dismiss the trade secret infringement case on jurisdictional grounds.
• Copyright Infringement Lawsuit (Hainan Province): AMSC has filed a copyright case against Sinovel and Dalian Guotong Electric Co., Ltd. with the Hainan Number 1 Intermediate Court.  In this case, AMSC has asked for a cease and desist order on infringing intellectual property and is seeking approximately US$200,000. Sinovel filed motion to dismiss the case on jurisdictional grounds. The motion was granted by Hainan Number 1 Intermediate Court. AMSC appealed decision to the Hainan Higher Court and the Higher Court upheld the earlier decision. AMSC appealed to China’s Supreme People’s Court. The appeal was accepted by China’s Supreme People’s Court, and AMSC is awaiting a hearing date on this case from China’s Supreme People’s Court.

[mappress]

Press release, October 25, 2012; Image: rivertoncity