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Wind Turbine Manufacturer Faces Patent Infringement Claim

Wind turbineA world-leading manufacturer of wind turbines has been ordered to give up details of its customer base after being accused of reaping huge profits by including patented technology in some of its products without authority.

The company which allegedly invented the technology, used in pitch-controlled wind turbines, had launched proceedings against the manufacturer, claiming damages or an account of profits. The latter insisted that the company’s patent was invalid on a number of grounds and a hearing of those issues was pending.

In the meantime, the company demanded that the manufacturer disclose the identity of its customers within England and Wales to whom it had supplied the allegedly infringing turbines, the number of units involved and the period of time during which the technology had been installed and activated.

In directing the manufacturer to disclose that information, the High Court found that such an order was likely to discourage further proliferation of proceedings against its customers. Although the manufacturer did not want its clients ‘dragged into the dispute’, there was a high risk that it would in fact suffer greater reputational damage by keeping the information secret.