ITC Initiates Patent Investigation on Certain Variable Speed Wind Turbines and Components Thereof
The International Trade Commission has instituted a section 337 patent-based investigation of certain variable speed wind turbines and components thereof pursuant to a complaint.
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Complaint Requests Exclusion and Cease & Desist Orders
The complaint, filed on behalf of General Electric Company of Fairfield, Connecticut, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S, the sale for importation, and the sale within the U.S. after importation of certain variable speed wind turbines and components thereof that infringe certain claims of U.S. Patent Nos. 5,083,039 and 6,921,985.
The complainant requests that after the investigation, the ITC issue a permanent exclusion order and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The respondents are the following entities alleged to be in violation of section 337:
Mitsubishi Heavy Industries, Ltd., of Japan;
Mitsubishi Heavy Industries America, Inc., of New York, NY; and
Mitsubishi Power Systems, Inc., of Lake Mary, FL.
Determination of Violation to be Made by ALJ, Reviewed by ITC
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Thomas Fusco (202) 205-2571
ITC notice (Inv. No. 337-TA-641, FR Pub 03/31/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-6496.pdf
ITC press release (08-029, dated 03/25/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0329ff1.htm