China: AMSC vs. Sinovel Case Continues

AMSC, a global solutions provider serving wind and grid leaders, today announced that it has received a notice that China’s Supreme People’s Court will review the jurisdiction opposition brought by Sinovel Wind Group Co., Ltd (Sinovel) in the copyright infringement case that AMSC filed in Hainan, a southern Chinese province, against Sinovel and Dalian Guotong Electric Co., Ltd. (Guotong).

The Supreme Court has stated that, until the jurisdiction opposition is reviewed, the decision by the Hainan No. 1 Intermediate People’s Court to dismiss this case has been stayed. The date for this Supreme Court review has yet to be determined. This is one of four legal cases that AMSC brought against Sinovel regarding Sinovel’s contractual breaches and AMSC’s discovery of intellectual property theft by Sinovel.

AMSC filed its civil action for software copyright infringement with the Hainan No. 1 Intermediate People’s Court in late 2011. In this case, AMSC is seeking a cease and desist order as well as damages totaling approximately USD 200,000, making it the smallest of AMSC’s legal actions.

Sinovel filed a jurisdiction opposition motion requesting that the Hainan Province No. 1 Intermediate People’s Court dismiss AMSC’s case against Sinovel. Not only did the court grant Sinovel’s motion, it dismissed the cases against both Sinovel and Guotong. AMSC appealed the dismissal to the Hainan Higher Court, which upheld the decision of the Hainan Province No. 1 Intermediate People’s Court. In April 2012, AMSC filed its appeal with China’s Supreme People’s Court.

The Supreme People’s Court has now ruled that it will hear the jurisdictional matter and that the lower court proceedings will be suspended pending the Supreme Court outcome. In December 2012, AMSC announced China’s Supreme People’s Court will hear the jurisdiction opposition of a separate copyright infringement case that AMSC filed in Beijing against Sinovel. In this case, the lower courts in Beijing denied Sinovel’s motion to dismiss, prompting an appeal by Sinovel to China’s Supreme Court.

[mappress]

Press release, January 11, 2013; Image: rivertoncity