Status on patent disputes with Enercon GmbH, Mr Aloys Wobben
Company announcement from
Vestas Wind Systems A/S
Randers, 14 November 2007
Company announcement No. 38/2007
Status on patent disputes with Enercon GmbH, Mr Aloys Wobben
In previous company announcements1 Company announcements Nos. 27/2005 of 19
August 2005, 30/2005 of 16 September 2005, 39/2005 of 22 November 2005, 22/2006
of 5 April 2006, 12/2007 of 2 April 2007, 15/2007 of 12 April 2007, 23/2007 of
25 May 2007 and 25/2007 of 4 June 2007, Vestas Wind Systems A/S has informed of
various patent disputes with Enercon GmbH/Mr Aloys Wobben. Mr Aloys Wobben
claims that Vestas Wind Systems A/S infringes various patents; primarily in the
area of grid connection, but also in other technical areas.
As mentioned in previous company announcements, all cases regarding other
technical areas have been decided in favour of Vestas.
In the area of grid connection, as previously announced Mr Aloys Wobben has
initiated court proceedings in England and Scotland, the Netherlands, Canada and
Ireland.
England and Scotland
In the case regarding England and Scotland, judgment was handed down by the
British High Court on 14 November 2007 acquitting Vestas completely.
The case concerned the following patents owned by Mr Aloys Wobben:
Frequency control (EP(UK)1 282 774)
Phase angle control (EP(UK) 1 386 078)
Voltage control I (EP(UK) 1 040 564)
Voltage control II (EP(UK) 1 164 691)
With the exception of two patent claims in the phase angle control patent that
are irrelevant to Vestas, the High Court ruled all four patents invalid.
Furthermore, the Court established that even if these patents had been valid,
the technology used by Vestas does not infringe the patents.
It has still not been clarified whether the judgment will be appealed.
Vestas' management is very satisfied with the decision, which is the first
judgment that considers all the disputed grid connections related patents. The
management considers the judgment to be of great importance since it has been
handed down by a specialised patent court on the basis of an in-depth
assessment.
The Netherlands, Canada, Ireland and Germany
The remaining cases in the Netherlands, Canada and Ireland regarding grid
connections will continue. There is nothing to report in addition to previous
announcements regarding these cases.
In the case concerning the validity of the German frequency control patent, the
German High Court has finally dismissed Mr Aloys Wobben's appeal, thus the
patent remains invalid.
Any questions may be addressed to Ditlev Engel, President and CEO of Vestas Wind
Systems A/S, or to Peter Wenzel Kruse, Vice President of Group Communications at
Vestas Wind Systems A/S, telephone +45 9730 0000.
Yours sincerely
Vestas Wind Systems A/S
Ditlev Engel
President and CEO
