This case was last updated from PACER on 09/03/2021 at 06:59:39 (UTC).

General Electric Company v. Siemens Gamesa Renewable Energy, Inc. et al

Case Summary

On September 2, 2021, General Electric Company (“Plaintiff” or “GE”), represented by Patrick J. O'Toole, Jr. of Weil, Gotshal & Manges, filed an intellectual property lawsuit against Siemens Gamesa Renewable Energy S.A., Siemens Gamesa Renewable Energy Inc., Siemens Gamesa Renewable Energy A/S, and Gamesa Electric S.A.U. (collectively, “Defendants” or “Siemens Gamesa”). Plaintiff filed suit seeking permanent injunctive relief and damages along with prejudgment and post-judgement interest among other relief for the alleged infringement of the United States Patents owned by the plaintiff. This case was filed in the United States District Court in the District of Massachusetts.

 

The plaintiff filed this complaint for the alleged infringement of the United States Patent No. 6,921,985 (the “’985 Patent”) and United States Patent No. 7,629,705 (the “’705 Patent”) (collectively, the “Asserted Patents” or “Patents-in-suit”) owned by the plaintiff.

 

In the complaint, the plaintiff alleged that, “Siemens Gamesa has directly infringed and continues to directly infringe one or more claims of the 985 Patent, including but not limited to at least claims 1, 6, 12, 15, and 29 of the ’985 Patent by making, using, selling, offering for sale, and/or importing into the United States the Accused Siemens Gamesa Products with low voltage ride through capability without GE’s authorization in violation of 35 U.S.C. § 271(a).”

 

Further the plaintiff alleged that, “Siemens Gamesa has induced and continues to actively induce the infringement of the ’985 Patent, in violation of 35 U.S.C. § 271(b), by actively and knowingly aiding and abetting others, including Siemens Gamesa’s customers, to directly make and use in the United States the Accused Siemens Gamesa Products without GE’s authorization” and “Siemens Gamesa has contributorily infringed and continues to contributorily infringe the ’985 Patent, in violation of 35 U.S.C. § 271(c), by making, using, selling, offering for sale, and/or importing into the United States, without GE’s authorization, the Accused Siemens Gamesa Products and components thereof which constitute a material part of an apparatus claimed by the ’985 Patent, knowing that such products and components are not staple articles of commerce suitable for substantial non-infringing use.”

 

The plaintiff also alleged that, “Having had prior knowledge of the ’985 Patent, Siemens Gamesa knew or should have known that, without renewing its license to the ’985 Patent, its actions after July 14, 2020 would infringe one or more claims of the ’985 Patent. Siemens Gamesa has continued to make, use, sell, offer for sell, and import into the United States the Accused Siemens Gamesa Products while refusing to compensate GE for its unauthorized use of the ’985 Patent. Accordingly, Siemens Gamesa’s infringement has been willful.”

 

Similar allegations have been made by the plaintiff with reference to the infringement of other Patents-in-suit. 

 

There are two claims for relief laid down by the plaintiff, one for the infringement of each of the Patents-in-suit.

 

In the prayer for relief, the plaintiff has requested the court for permanent injunctive relief and declaratory relief. Plaintiff also requested the court award damages adequate to compensate GE for the infringement that has occurred, under 35 U.S.C. § 284, including pre-judgment and post-judgment interest. Further the plaintiff requested the court for an award of treble damages for Defendants’ willful infringement of the Asserted Patents, pursuant to 35 U.S.C. § 284 along with an award of attorneys’ fees, expenses and costs and any other relief the court deems just and equitable.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-11446

  • Filing Date:

    09/02/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

 

Party Details

Plaintiff

General Electric Company

Defendants

Siemens Gamesa Renewable Energy, Inc.

Siemens Gamesa Renewable Energy S.A.

Siemens Gamesa Renewable Energy A/S

Gamesa Electric S.A.U.

Attorney/Law Firm Details

Plaintiff Attorney

Patrick J. O'Toole, Jr.

Attorney at Weil, Gotshal & Manges

100 Federal Street

Boston, MA 02110

 

Court Documents

#3

(#3) REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (O'Toole, Patrick) (Entered: 09/02/2021)

#2

(#2) CORPORATE DISCLOSURE STATEMENT by General Electric Company. (O'Toole, Patrick) (Entered: 09/02/2021)

1 #4

Category Form

1 #3

Civil Cover Sheet

1 #2

Exhibit Exhibit B - USPN 7,629,705

1 #1

Exhibit Exhibit A - USPN 6,921,985

#1

(#1) COMPLAINT against Siemens Gamesa Renewable Energy A/S, Siemens Gamesa Renewable Energy S.A., Siemens Gamesa Renewable Energy, Inc., Gamesa Electric S.A.U. Filing fee: $ 402, receipt number 0101-8930528 (Fee Status: Filing Fee paid), filed by General Electric Company. (Attachments: #1 Exhibit Exhibit A - USPN 6,921,985, #2 Exhibit Exhibit B - USPN 7,629,705, #3 Civil Cover Sheet, #4 Category Form)(O'Toole, Patrick) (Entered: 09/02/2021)

 

Docket Entries

  • 09/02/2021
  • View Court Documents
  • Docket(#3) REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (O'Toole, Patrick) (Entered: 09/02/2021)

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  • 09/02/2021
  • View Court Documents
  • Docket(#2) CORPORATE DISCLOSURE STATEMENT by General Electric Company. (O'Toole, Patrick) (Entered: 09/02/2021)

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  • 09/02/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Siemens Gamesa Renewable Energy A/S, Siemens Gamesa Renewable Energy S.A., Siemens Gamesa Renewable Energy, Inc., Gamesa Electric S.A.U. Filing fee: $ 402, receipt number 0101-8930528 (Fee Status: Filing Fee paid), filed by General Electric Company. (Attachments: #1 Exhibit Exhibit A - USPN 6,921,985, #2 Exhibit Exhibit B - USPN 7,629,705, #3 Civil Cover Sheet, #4 Category Form)(O'Toole, Patrick) (Entered: 09/02/2021)

    Read MoreRead Less
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