* Mitsubishi, GE battling over wind turbine technology
* ITC decision made in early 2010
* Fight over one patent remanded to ITC
WASHINGTON, Feb 29 (Reuters) - In a victory for General Electric Co, a federal appeals court told the U.S. International Trade Commission to reconsider its decision that Mitsubishi Heavy Industries Ltd did not infringe a GE patent on wind turbine technology.
GE had appealed a 2010 ruling by the ITC that the Japanese engineering conglomerate did not infringe three GE patents.
The U.S. Court of Appeals said one of the three patents had expired and had been dropped from the case, and it affirmed that Mitsubishi Heavy did not infringe a second patent.
But the court reversed the ITC’s decision that there was no domestic industry for the third patent, and asked the ITC to reconsider infringement claims for that one. Companies must prove that a technology is being used in the United States in order to sue for infringement at the ITC.
A number of U.S. lawmakers wrote to the ITC, a federal agency, to argue that U.S. jobs could be lost if GE were to lose the case.
Neither GE nor Mitsubishi Heavy could immediately be reached comment.
The case before the Federal Circuit is General Electric v. ITC. (2010-1223). The case before the International Trade Commission was 337-TA-641.