Catholic Law Professor Elizabeth Winston was quoted in a recent Bloomberg Law article, “GE Turbine Block a Setback, Not Death Knell, for New Wind Energy.” The article continues to explore the ramifications of the federal court case between Siemens Gamesa Renewable Energy (SGRE) and General Electric (GE) over the intellectual property rights of wind turbines. Winston commented on the recent injunction against GE’s Haliade-X wind turbine and specifically an exempted pair of projects already underway in New Jersey and Massachusetts.
Bloomberg Law - IP Law
Date: September 8, 2022
By: Bobby Magill and Kelcee Griffis
GE Turbine Block a Setback, Not Death Knell, for New Wind Energy
“That part of the order represents an interesting balance between strong patent protections and public environmental concerns, said Elizabeth Winston, a professor at the Columbus School of Law at the Catholic University of America.
When judges evaluate factors for an injunction, they usually find that enforcing patent rights is in the public interest, Winston said. In this case, Young struck a balance between upholding Siemens’ patent and letting a competitor uphold its contractual obligations.
The decision noted that GE’s Vineyard Wind I and Ocean Wind I projects are both well into the design and manufacturing stages.
‘It’s really an unusual carve-out, and it’s absolutely fascinating to see how it’s going to play out,’ Winston said. ‘This is going to have far-reaching implications.’”
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