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May date for AMSC's $450m case

First hearing in trade secret infringement dispute with Sinovel

May date for AMSC's $450m case image

US manufacturer AMSC says the first hearing of a $450m trade secret infringement case is expected to be heard in the Beijing No. 1 Intermediate People's Court on or about 11 May.

The case was  filed in September 2011and alleges that Sinovel’s and certain of its employees' unauthorised use of portions of the company's wind turbine control software source code helped develop Sinovel's 1.5 MW wind turbines.

In July 2012, Sinovel filed a jurisdiction opposition motion to remove this case from the Beijing No. 1 Intermediate People's Court and to transfer the matter to the Beijing Arbitration Commission.

In February 2014, the Beijing No.1 Intermediate People's Court rejected Sinovel's motion in light of China Supreme People's Court January 2014 rulings in favor of AMSC on similar jurisdictional issues in the two civil copyright infringement cases.

Sinovel appealed the Beijing No. 1 Intermediate People's Court decision to the Beijing Higher People's Court in March 2014.

The Beijing Higher People's Court upheld the Beijing No. 1 Intermediate People's Court's ruling that the dispute will be heard by the Beijing courts separate from the commercial arbitration claims.

AMSC is seeking approximately $450m damages.

Separately, AMSC said a $6m software copyright infringement case in China has been dismissed by the Beijing No. 1 Intermediate People's Court.

AMSC will appeal the case to the Beijing Higher People's Court.

This case, along with the $200,000 software copyright infringement case in the Hainan No. 1 Intermediate People's Court had previously been appealed up to China's Supreme People's Court on jurisdictional issues.

In February 2014, the China's Supreme People's Court found in AMSC's favour.

Image: sxc

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