Analysis: AMSC’s trade secrets challenge in China
07 November 2011
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Peter Ollier, Hong Kong
US energy technology company AMSC is making progress in its trade secrets battle with a former Chinese client, but will find it difficult to prove infringement in a jurisdiction without discovery
Last week the Beijing High Court accepted AMSC’s court fee in its claim against China’s Sinovel, the world’s second largest maker of wind turbines. The Court has not yet officially accepted the case, but is expected to do so in the next few days.
AMSC (formerly American Superconductor) did not give the exact amount of damages that it has claimed but confirmed that it was over $400 million, making this one of the biggest IP lawsuits ever put before a Chinese court.
“I have not seen a trade secrets case in China that comes close to this in terms of a damages claim. Although courts have shown willingness to award higher damages for IP infringement, this is in another stratosphere,” said George Chan, a consultant of Rouse in Beijing.
The case is one of five...
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