A US judge has doubled the royalty payment GE has to pay Siemens Gamesa as part of a patent infringement case over the US company’s Haliade-X wind turbines.
The decision means that GE will need to pay $60,000 per MW for each turbine installed at the 1.1GW Ocean Wind project off New Jersey.
In his ruling, US District Judge William Young lambasted the two companies, saying that the lawsuit “does nothing to advance the public interest of the people of the United States or any other nation.
“Indeed, it inhibits efforts to combat climate change world-wide,” he added.
Last year, Young ruled that GE could no longer offer the specific 12MW-14MW design of its Haliade-X turbine as it infringed one of the Siemens Gamesa’s patents.
However, a special ‘carve-out’ in the ruling meant it could still supply the Ocean Wind 1 project with the turbines.
The carve-out provision included a royalty for the projects, originally set at $30,000, which Siemens Gamesa wanted to see trebled.
“As a result of GE’s obligation to meet the public interest as an infringer, joined with the fact that GE is now voluntarily infringing with the Court’s permission, this Court decrees it must pay, as to the Ocean Wind I carve out, $60,000 per MW to compensate [Siemens Gamesa] most fairly for the irreparable harm it is causing,” the ruling states.
“For each infringing Haliade-X wind turbine installed at Ocean Wind 1 Offshore Energy Project, GE shall pay SGRE a royalty consisting of $60,000 per MW of rated capacity within 30 days after the end of the month in which the Haliade-X wind turbine is installed.”
However, Siemens Gamesa’s request for an upfront payment of the royalty fee was not granted.
GE has stated it is appealing the judgement and injunction.
“While we are disappointed with the royalty ruling, which does not follow the jury’s verdict or account for today’s economic realities, the Ocean Wind project will move forward. We remain committed to the US offshore wind market at this pivotal time for the industry and are pursuing all legal and technical options, including an appeal and redesigns, to bring the benefits of the Haliade-X to US customers,” a GE Renewable Energy Spokesperson stated.