Wobben Properties GmbH v Siemens Public Ltd Company & Ors [2017] EWCA Civ 5 (19 January 2017)

Wobben Properties GmbH v Siemens Public Ltd Company & Ors [2017] EWCA Civ 5 (19 January 2017)

The patent is invalid for obviousness because the skilled person in 1995, given Bossanyi, would consider implementing gradual power reduction in VSVP turbines and would find it obvious to reduce rotor speed as wind speed increases above shut down speed to mitigate loading and fatigue. The HWRT system does not infringe the patent because its rotor speed reduction is not causally dependent on the rise in wind speed as required by the claim.

Citation
[2017] EWCA Civ 5
Parties
Claimant/appellant: Wobben Properties GmbH; Defendant/respondent: Siemens Public Ltd Company; Defendant/respondent: Siemens Wind Power A/S; Defendant/respondent: Siemens AG; Defendant/respondent: DONG Energy A/S; Defendant/respondent: Westermost Rough Ltd; Defendant/respondent: DONG Energy Gunfleet Sands Demo (UK) Ltd; Defendant/respondent: A2SEA A/S; Defendant/respondent: A2SEA Ltd
Jurisdiction
England and Wales
Judgment Date
19 January 2017
Procedural Posture
Patent Infringement and Validity Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; patent found invalid for obviousness; no infringement.
Legal Topics
Obviousness, Patent Infringement, Inventive Step, Wind Turbine Technology
Intellectual Property Patent Law Obviousness Patent Infringement Inventive Step Wind Turbine Technology

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Parties

Wobben Properties GmbH

Claimant/appellant

Siemens Public Ltd Company

Defendant/respondent

Siemens Wind Power A/S

Defendant/respondent

Siemens AG

Defendant/respondent

DONG Energy A/S

Defendant/respondent

Westermost Rough Ltd

Defendant/respondent

DONG Energy Gunfleet Sands Demo (UK) Ltd

Defendant/respondent

A2SEA A/S

Defendant/respondent

A2SEA Ltd

Defendant/respondent

Procedural Posture

Patent Infringement and Validity Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the patent is invalid for obviousness in light of Bossanyi 1982 publication
  2. 2 Whether Siemens' High Wind Ride Through (HWRT) system infringes the patent

Ratio Decidendi

The patent is invalid for obviousness because the skilled person in 1995, given Bossanyi, would consider implementing gradual power reduction in VSVP turbines and would find it obvious to reduce rotor speed as wind speed increases above shut down speed to mitigate loading and fatigue. The HWRT system does not infringe the patent because its rotor speed reduction is not causally dependent on the rise in wind speed as required by the claim.

Court Disposition

Appeal dismissed; patent found invalid for obviousness; no infringement.

Orders

  • Patent EP (UK) 0 847 496 declared invalid for obviousness.
  • No relief for infringement granted to Wobben.