By Eric Schweibenz
On August 7, 2009, ALJ Carl C. Charneski issued a notice regarding his Initial Determination in Certain Variable Speed Wind Turbines and Components Thereof (Inv. No. 337-TA-641).

The Complainant in this investigation is General Electric Co. and the Respondents are Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries America, Inc., and Mitsubishi Power System, Inc.  According to the notice, ALJ Charneski determined that a violation of Section 337 occurred with respect to Mitsubishi’s turbines.  In particular, ALJ Charneski held that Mitsubishi’s turbines infringe claim 121 of the asserted ‘039 patent, and claim 15 of the asserted ‘985 patent.  Additionally, while ALJ Charneski determined that Mitsubishi’s turbines infringed claims 5, 7, and 8 of the asserted ‘221 patent, he also determined that GE did not practice any claim of the asserted ‘221 patent for purposes of the domestic industry (technical prong) requirement.

The notice issued by ALJ Charneski includes only his conclusions of law from the Initial Determination.  We will provide additional information once the public version of the Initial Determination is issued in its entirety.