Wobben Properties GmbH v Siemens Public Ltd Company & Ors

Wobben Properties GmbH v Siemens Public Ltd Company & Ors

The patent was invalid for obviousness because the skilled person in 1995, given Bossanyi, would consider implementing gradual power ramp down in VSVP turbines, including reducing rotor speed as wind speed increases, which was an obvious approach. HWRT did not infringe because rotor speed reduction was triggered by filtered rotor acceleration, not wind speed, and thus did not satisfy the claim requirement of reduction in dependence on wind speed.

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
Civil Appeal / Appeal From High Court (patents Court)
Outcome
Appeal dismissed
Legal Topics
Patent Validity, Obviousness, Infringement, Wind Turbine Technology
Intellectual Property Patent Law Patent Validity Obviousness Infringement Wind Turbine Technology

Case Brief

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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

Civil Appeal / Appeal From High Court (patents Court)

Legal Issues

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

Ratio Decidendi

The patent was invalid for obviousness because the skilled person in 1995, given Bossanyi, would consider implementing gradual power ramp down in VSVP turbines, including reducing rotor speed as wind speed increases, which was an obvious approach. HWRT did not infringe because rotor speed reduction was triggered by filtered rotor acceleration, not wind speed, and thus did not satisfy the claim requirement of reduction in dependence on wind speed.

Court Disposition

Appeal dismissed