Siemens Gamesa Renewable Energy A/S v. General Electric Co. et al

Filing 466

Judge William G. Young: FINAL JUDGMENT INCLUDING PERMANENT INJUNCTION (Sonnenberg, Elizabeth)

Case 1:21-cv-10216-WGY Document 466 Filed 09/07/22 Page 1 of 5

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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SIEMENS GAMESA
RENEWABLE ENERGY A/S,
Plaintiff,
v.
GENERAL ELECTRIC CO.,
Defendant.
YOUNG, D.J.

CIVIL ACTION
NO. 21-10216-WGY

September 7, 2022

FINAL JUDGMENT INCLUDING PERMANENT INJUNCTION
Pursuant to Rule 58 of the Federal Rules of Civil
Procedure, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT
JUDGMENT IS HEREBY ENTERED IN THIS MATTER AS FOLLOWS:
1. For purposes of Fed. R. Civ. P. 54, Plaintiff Siemens
Gamesa Renewable Energy A/S (“SGRE”) is the prevailing
party in this action.
2. Defendant General Electric Company (“GE”) has infringed
claims 1 and 2 of SGRE’s U.S. Patent No. 9,279,413 (“’413
Patent”) under the doctrine of equivalents by offering
for sale and selling Haliade-X wind turbines.
3. GE has literally infringed claims 8 and 11 of the ’413
Patent by offering for sale and selling Haliade-X wind
turbines.

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Case 1:21-cv-10216-WGY Document 466 Filed 09/07/22 Page 2 of 5

4. Claims 1, 2, 8, and 11 of the ’413 Patent are not
invalid and are not unenforceable.
5. GE does not infringe asserted claims 1, 2, 3, 6, and 7
of SGRE’s U.S. Patent No. 8,575,776 (“’776 Patent”).
6. Claims 1, 2, 3, 6, and 7 of the ’776 Patent are not
unenforceable and are not invalid as anticipated but are
invalid as obvious.
7. Claims 1, 2, 3, 6, and 7 of the ’776 Patent are invalid
for lack of written description.
8. Pursuant to 35 U.S.C. § 283 and Rule 65 of the Federal
Rules of Civil Procedure, the Court finds that SGRE would
suffer irreparable injury if GE is not enjoined from
infringing the ’413 Patent, that remedies at law are
inadequate to compensate SGRE for such injury, that the
balance of hardships warrants entry of a permanent
injunction as set forth below, and that such injunction
would not disserve the public interest.
9. Except as provided in the “Carve Outs” set forth below
in paragraph 10, GE, its subsidiaries, agents, servants,
employees, counsel, and all persons and entities
acting in concert therewith (the “Enjoined Parties”) are
hereby permanently enjoined for the life of the ’413
Patent (through June 12, 2034) from making, using,
offering for sale, selling, importing (into), or
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Case 1:21-cv-10216-WGY Document 466 Filed 09/07/22 Page 3 of 5

installing in the United States (including on or
attached to the Outer Continental Shelf):
a. the adjudged infringing Haliade-X wind turbines, and
b. any wind turbines that are substantially similar to
and/or not more than colorably different from the
adjudged infringing Haliade-X wind turbines with
respect to those elements proven to satisfy the
limitations of claims 1, 2, 8 and
11 of the ’413 Patent.
10.

Carve Out  A: This permanent injunction shall not

prevent the Enjoined Parties from making (e.g.,
manufacturing and assembling), using (e.g., installing,
operating, repairing, maintaining, servicing, and
replacing), or importing 62 (sixty-two) infringing
Haliade-X turbines for the Vineyard Wind 1 Offshore
Energy Project in accordance with the Turbine Supply
Agreement and/or the Service and Maintenance Agreement
between GE and Vineyard Wind 1, LLC, both dated June 4,
2021 (“GE-Vineyard Wind 1, LLC Agreements”), and any
amendments thereto. For avoidance of doubt, the total
number of Haliade-X wind turbines permitted under this
Carve Out is limited to 62 (sixty-two) turbines,
regardless of any amendments to the GE-Vineyard Wind 1,
LLC Agreements.
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Case 1:21-cv-10216-WGY Document 466 Filed 09/07/22 Page 4 of 5

Carve Out B: This permanent injunction shall not
prevent the Enjoined Parties from making (e.g.,
manufacturing and assembling), using (e.g., installing,
operating, repairing, maintaining, servicing, and
replacing), or importing infringing Haliade-X turbines for
the Ocean Wind 1 Project, on Bureau of Energy Management
Lease OCS-A 0498 under development by Ocean Wind LLC,
pursuant to a Turbine Supply Agreement between Ocean Wind
and LLC and GE dated December 18, 2020, and any schedules,
annexes, and amendments thereto (see TX-0081), provided
that 100% of the funds to be paid to GE after the date of
this injunction shall be deposited in an interest bearing
account in the registry of this Court until, upon further
hearing, this Court determines an appropriate exemplary
royalty rate for this project.
11.

For each infringing Haliade-X wind turbine installed

at Vineyard Wind 1 Offshore Energy Project, GE shall pay
SGRE a royalty consisting of $30,000 per megawatt of
rated capacity within 30 days after the end of the month
in which the Haliade-X wind turbine was installed.
12.

GE shall provide a copy of this Judgment Including

Permanent Injunction to each of its existing and
prospective customers that GE has had discussions with
developing wind farms in the United States (including on
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Case 1:21-cv-10216-WGY Document 466 Filed 09/07/22 Page 5 of 5

or attached to the Outer Continental Shelf) within 20
days of the date this Judgment is entered.
13.

Nothing in this injunction shall prohibit the Enjoined

Parties from designing around SGRE’s valid and infringed
‘413 patent claims and application to modify this
injunction on this ground may be made to this Court at
any time.
14.

This Court shall retain jurisdiction to enforce the

provisions of this injunction.
SO ORDERED.

/s/ William G. Young
WILLIAM G. YOUNG
DISTRICT JUDGE

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