* Mitsubishi, GE battling over wind turbine technology
* ITC decision made in early 2010
* Fight over one patent remanded to ITC
WASHINGTON, Feb 29 (Reuters) - General Electric Co has won a federal appeals court ruling that requires 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 the ITC’s 2010 ruling 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.
GE said in a statement that it was pleased to get another chance to show that Mitsubishi infringed one patent, but disappointed that the no-infringement decision on a second was upheld.
“GE will continue to take the necessary steps to protect its significant investment in technological research and development in the U.S. and around the world,” the company said in an emailed statement.
Mitsubishi Heavy had no immediate 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.