In General Electric Co. v. International Trade Commission, No. 10-1223 (Fed. Cir. July 6, 2012), the Federal Circuit overturned a portion of an ITC decision finding that General Electric Company ("GE") did not prove a violation under Tariff Act section 337.  Specifically, the Federal Circuit (1) vacated the ITC's ruling with respect to the first patent-at-issue because it had since expired; (2) affirmed the ITC's ruling that the accused products do not violate section 337 with respect to the second patent-at-issue; and (3) reversed the ITC's ruling that there is no domestic industry corresponding to the third patent-at-issue, remanding the case for further proceedings on the third patent. 

The technology-at-issue relates to wind turbines.  The asserted patents—U.S. Patent Nos. 5,083,039 ("the '039 patent"); 7,321,221 ("the '221 patent"); and 6,921,985 ("the '985 patent")—are directed to
wind-turbine generators and their interaction with the utility grid.  In particular, the '039 patent relates to control systems that allow variable-speed wind turbines to output the fixed-frequency alternating current required by power grids.  The '221 patent relates to a protective circuit called a "crowbar circuit," which decouples particular components of the turbine when grid voltage varies, thereby protecting the circuitry of the wind turbine.  The '985 patent is directed to circuitry that allows wind turbines to remain connected to the grid during low-voltage events.

GE initiated an ITC investigation against Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. (collectively "Mitsubishi"), alleging that Mitsubishi's wind turbines infringed the three asserted GE patents.  In an Initial Determination, the ALJ held that the imported Mitsubishi turbines violated section 337, and held the asserted patents valid and infringed.  Both parties requested review by the ITC.  The ITC held by Final Determination that the '039 and '221 patents are not infringed, the '039 patent is not invalid, and that the domestic industry requirement is not met as to any of the patents.  Accordingly, the ITC found no violation of section 337.  GE appealed this decision to the Federal Circuit.

The Federal Circuit first noted that the '039 patent had expired after the ITC's decision was appealed, and dismissed that portion of the appeal as moot.

Judges:  Rader, Newman (author), Linn

[Appealed from ITC]

This article previously appeared in Last Month at the Federal Circuit, August, 2012.

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