A commercial court in Barcelona has fined Spanish wind turbine maker Gamesa more than €7m ($9.6m) for the infringement of a patent held by Enercon founder Aloys Wobben for its “storm control” technology, according to the German manufacturer.
“The Spanish Court has found not only that the said patent is valid, but most importantly that all those wind turbines of Gamesa infringe the exclusive rights of Mr Wobben over his invention,” Enercon says in a statement.
“Particularly the Spanish Court has considered that the production, offering and commercialisation of those products amount to an infringement. Additionally it has considered that the exploitation of wind parks where the said products are installed amount to an infringement too.”
The “storm control” technology allows a wind turbine to continue its operation under adversely high wind conditions.
The infringement claim affects Gamesa’s G5X (G52 and G58), G9X (G90, G94 and G97) and G10X (G128) wind turbines, says Enercon.
It is very likely that Gamesa will appeal the court ruling, which was made on 23 December 2013, Enercon adds.
Gamesa officials confirmed the substance of the Enercon statement and said that it will appeal.
The Spanish company said it disagreed with the ruling and insisted it has not infringed any patent.