‘No infringement:’ High Court says Siemens Gamesa patent ‘invalid’

The court rulings revolve around an alleged patent infringement Siemens Gamesa asserted regarding GE’s Haliade-X offshore wind turbine. Legal proceedings in the US have been underway for some time.

In the US case, the US District Court of Massachusetts made a ruling on 7 September 2022 that prevents GE selling the Haliade-X offshore wind turbine in the US market, with the exception of two projects.

However, in the High Court case, which concerns the use of the wind turbine in the UK, the court ruled on 30 November 2022 that Siemens Gamesa’s patent was ‘invalid.’

In the UK case, GE made arguments consistent with those it is making in appealing the decision in the patent case against the Haliade-X in the US.

In response, GE said, the judge ruled not only that the Siemens Gamesa patent was not infringed, but that the patent is invalid and that there could be no infringement.

A spokesperson for GE told OWJ, “We are pleased with the court’s ruling, which reinforces our view that not only is the technology in the Haliade-X different from other patented technology, but the patent in question and its counterparts should not have been issued in the first place.

“We remain committed to bringing the benefits of the Haliade-X to offshore wind customers globally, and we will continue to defend our technology by pursuing all legal and technical options available to us.”

Responding to questions from OWJ, a spokesperson for Siemens Gamesa said, “Siemens Gamesa is committed to protecting its valuable intellectual property rights and will continue to do so. The company is analysing the UK Court’s ruling and has no further comment at this time.”

In his conclusion, the judge hearing the case, Mr Justice Meade, confirmed that the patent ‘is invalid’ and, as to the infringement, said neither the fully assembled Haliade-X nor its hub fall within the scope of claims of the patent and ruled that, as a result, there is therefore no infringement.

The judge also noted that Dogger Bank is not within the territorial ambit of the Patents Act 1977, so GE’s acts there would not be infringements anyway. GE is the contractor selected to provide the wind turbines for all three phases of the massive Dogger Bank offshore windfarm, which is in UK waters.