By John Presper and Alec Royka

On September 10, 2021, ALJ Cheney issued his final initial determination (“ID”) (Part I, Part II) finding a violation of section 337 in Certain Variable Speed Wind Turbine Generators and Components Thereof (Inv. No. 337-TA-1218).

By way of background, this investigation was instituted based on a July 31, 2020 complaint filed by General Electric Company (“GE”) alleging violations of section 337 by Siemens Gamesa Renewable Energy Inc., Siemens Gamesa Renewable Energy A/S, and Gamesa Electric, S.A.U. (collectively, “SGRE”) based on the importation/sale of certain variable speed wind turbine generators and components thereof that infringed one of more claims of U.S. Patent Nos. 6,921,985 (“the ’985 patent”) and 7,629,705 (“the ’705 patent”).

According to the ID, ALJ Cheney determined that there is a violation of section 337 with respect to the ’985 patent based on the following conclusions of law:

As a result of his finding of a violation of section 337, ALJ Cheney recommended that the Commission issue a limited exclusion order directed to SGRE and set a 0% bond.

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