AMSC has filed an appeal with China's Supreme People's Court in regard to the Hainan Higher Court's decision on April 5 to uphold the Hainan Province No. 1 Intermediate People's Court's dismissal of AMSC's civil case against Sinovel Wind Group Co. Ltd. and Dalian Guotong Electric Co. Ltd. (Guotong).
This is the smallest of four legal actions that AMSC has brought against Sinovel. In total, AMSC is seeking to recover from Sinovel more than $1.2 billion for contracted shipments and damages in these cases stemming from Sinovel's alleged contractual breaches and alleged intellectual property theft by Sinovel employees.
In September 2011, AMSC filed a copyright-infringement lawsuit with the Hainan Province No. 1 Intermediate People's Court against Sinovel and Guotong. AMSC is seeking a cease-and-desist order, as well as damages totaling approximately $200,000.
Sinovel filed a jurisdiction opposition motion in December 2011 requesting that the Hainan Province No. 1 Intermediate People's Court dismiss AMSC's case against Sinovel, saying the case should be governed by the Beijing Arbitration Commission pursuant to the terms of component contracts between AMSC and Sinovel. Not only did the court grant Sinovel's motion, it dismissed the cases against both Sinovel and Guotong.
AMSC appealed the dismissal to the Hainan Higher Court, which on April 5 upheld the decision of the Hainan Province No. 1 Intermediate People's Court.