AMSC 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
US$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.
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