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The U.S. International Trade Commission (ITC) has ruled in favor of Mitsubishi Heavy Industries Ltd. (MHI) in a case involving accusations by GE of wind turbine patent infringements.

The ITC has determined not to review an initial determination issued by the presiding administrative law judge (ALJ) granting GE's amended motion for summary determination that the economic prong of the domestic industry requirement has been satisfied.

In 2008, GE filed a complaint with the ITC alleging that MHI's 2.4 MW variable-speed wind turbines infringed two patents owned by GE and thus violated Section 337 of the U.S. Tariff Act of 1930. GE later amended its complaint to allege infringement of a third patent also owned by the company.

In August 2009, the ALJ at the ITC issued an initial determination (ID) that the importation of 2.4 MW wind turbines manufactured by MHI violated Section 337 of the U.S. Tariff Act of 1930.

Subsequently, both MHI and GE filed a petition for review of the ID by the ITC. On Jan. 8, the ITC issued a notice of termination of investigation, with the final determination of no violation.

GE is disappointed by the decision, Reuters reports.

"GE believes strongly in the merits of its case against MHI, and we will continue to protect its technology in the U.S. and around the world," GE spokesperson Dan Nelson tells Reuters. "GE will explore all of its legal options and will continue to vigorously protect its intellectual property."

MHI says it is pleased with the decision and will continue to import its MHI's 2.4 MW variable-speed wind turbines into the U.S..

SOURCES: Mitsubishi Heavy Industries Ltd., The U.S. International Trade Commission, Reuters



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