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Chinese wind turbine maker Sinovel must pay US$59 million as punishment ‘for stealing trade secrets’

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https://m.scmp.com/business/china-b...rbine-maker-sinovel-must-pay-us59m-punishment

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Although Sinovel had been providing long-term maintenance for some US projects, it ‘fled from the United States’ in 2013 ‘in attempt to avoid facing prosecution’, say prosecutors


Chinese turbine maker Sinovel Wind Group must pay US$59 million as punishment for scheming to steal trade secrets from another wind technology firm, AMSC, formerly known as American Superconductor Corp, a US judge ruled.

Sinovel was found guilty in January of orchestrating the theft in a rare criminal trade-secrets trial that called into question whether China is doing enough to clamp down on infringement of intellectual property, while escalating tensions between the countries.

A federal jury in January found Beijing-based Sinovel guilty on conspiracy, trade-secret theft and wire fraud charges.

US District Judge James Peterson ordered the Chinese company to pay US$1.5 million in fines and US$57.5 million in restitution at a sentencing hearing on Friday in Madison, Wisconsin, according to the US Justice Department.

AMSC claimed it suffered at least US$800 million in losses from Sinovel’s scheme to pilfer its technology, and reached a US$57.5 million settlement with Sinovel that was filed with the court on Wednesday.

The US Justice Department said Sinovel has already paid AMSC US$32.5 million.

AMSC partnered with Sinovel on wind power projects after China passed a clean energy law in 2005, launching the development of major wind farms throughout the country. The Chinese firm built turbines and the US company developed software and technology to control them.

Prosecutors said Sinovel, now China’s largest wind turbine manufacturer, contracted with a former AMSC employee in Austria to steal the code in 2011, then refused to pay the US firm for US$800 million in products and services it had promised to buy.

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The software system, called Low Voltage Ride Through, was designed to help regulate the flow of electricity into a power grid.

AMSC, based in Devens, Massachusetts, had sought more than US$1.2 billion in damages from Sinovel in Chinese courts, accusing Beijing-based Sinovel of putting the stolen source code in more than 1,000 turbines.

Although Sinovel had been providing long-term maintenance for some US projects, it “fled from the United States” in 2013 “in attempt to avoid facing prosecution,” prosecutors said in a June 26 court filing.

The case was initially brought by the Obama administration in 2013 through a special intellectual-property task force.

At the time, the US Justice Department described corporate espionage by Chinese agents as a threat to US economic security.

In August, President Donald Trump increased the pressure by encouraging the US trade representative to investigate intellectual property theft by Chinese entities.
 
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https://m.scmp.com/business/china-b...rbine-maker-sinovel-must-pay-us59m-punishment

View attachment 484878
Although Sinovel had been providing long-term maintenance for some US projects, it ‘fled from the United States’ in 2013 ‘in attempt to avoid facing prosecution’, say prosecutors


Chinese turbine maker Sinovel Wind Group must pay US$59 million as punishment for scheming to steal trade secrets from another wind technology firm, AMSC, formerly known as American Superconductor Corp, a US judge ruled.

Sinovel was found guilty in January of orchestrating the theft in a rare criminal trade-secrets trial that called into question whether China is doing enough to clamp down on infringement of intellectual property, while escalating tensions between the countries.

A federal jury in January found Beijing-based Sinovel guilty on conspiracy, trade-secret theft and wire fraud charges.

US District Judge James Peterson ordered the Chinese company to pay US$1.5 million in fines and US$57.5 million in restitution at a sentencing hearing on Friday in Madison, Wisconsin, according to the US Justice Department.

AMSC claimed it suffered at least US$800 million in losses from Sinovel’s scheme to pilfer its technology, and reached a US$57.5 million settlement with Sinovel that was filed with the court on Wednesday.

The US Justice Department said Sinovel has already paid AMSC US$32.5 million.

AMSC partnered with Sinovel on wind power projects after China passed a clean energy law in 2005, launching the development of major wind farms throughout the country. The Chinese firm built turbines and the US company developed software and technology to control them.

Prosecutors said Sinovel, now China’s largest wind turbine manufacturer, contracted with a former AMSC employee in Austria to steal the code in 2011, then refused to pay the US firm for US$800 million in products and services it had promised to buy.

View attachment 484876
The software system, called Low Voltage Ride Through, was designed to help regulate the flow of electricity into a power grid.

AMSC, based in Devens, Massachusetts, had sought more than US$1.2 billion in damages from Sinovel in Chinese courts, accusing Beijing-based Sinovel of putting the stolen source code in more than 1,000 turbines.

Although Sinovel had been providing long-term maintenance for some US projects, it “fled from the United States” in 2013 “in attempt to avoid facing prosecution,” prosecutors said in a June 26 court filing.

The case was initially brought by the Obama administration in 2013 through a special intellectual-property task force.

At the time, the US Justice Department described corporate espionage by Chinese agents as a threat to US economic security.

In August, President Donald Trump increased the pressure by encouraging the US trade representative to investigate intellectual property theft by Chinese entities.

Awesome news, in Australia we are cracking down on cheap Chinese products as well.
 
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How much in total fines would the Chinese have to pay for all the uhem.... "research" they've done through the decades, in all fields of industry? lol.
If only auto industry levy fines for ip n copyright infringement ...china will have to give away half of its foreign reserves.
 
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If only auto industry levy fines for ip n copyright infringement ...china will have to give away half of its foreign reserves.

lol, and that's not a small number, either. It's just a little over $3 Trillion.

A fun tidbit: I've played guitar for close to 40 years, I have a substantial collection and two of my favorite ones are the two, ultimate classic electric guitars ever made. The Fender Stratocaster and the Gibson Les Paul. Both American classics and renowned among the giants of music history. Well, guess who decided to tap into that market without copyright requests and just going about it the legal way, just like Mexico did and other countries? Yep, you guessed it. About 15 years ago, maybe a bit more, we started seeing the Chines Les Paul knockoffs coming in the US left and right and of course they're illegal. But ordering them online is difficult to control so they flooded the market.

I took a look at one of them and I couldn't believe how close they were. Aside from a tiny bit of over-spray on the finish in very discreet areas that you really have to look for, maybe the body thickness, they look and even sound exactly like the original Gibson Les Paul classics. That was a shocker at first.

This is a Chinese Les Paul, and look at that beauty! Tiger maple book-folded veneer in a sunburst stain and finish and the fretboard and rosewood and the whole kicking kabutle is on the money for 1/6th the price of an original.

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And this is an original, made in the good ol' USA Gibson tiger maple Les Paul and retails for about $3,500.

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LOL!
 
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AMSC Announces Settlement with Sinovel Wind Group
July 03, 2018 19:30 ET | Source: AMSC

AYER, Mass., July 03, 2018 (GLOBE NEWSWIRE) -- AMSC (Nasdaq:AMSC), a global energy solutions provider serving wind and power grid industry leaders, announced that today AMSC and Sinovel Wind Group Co. Ltd. (Sinovel) have entered into a settlement agreement to resolve all existing commercial disputes between the parties.

Under the terms of the settlement agreement, Sinovel has agreed to pay AMSC an aggregate cash amount in Renminbi (RMB) equivalent to $57.5 million, consisting of two installments. Sinovel has agreed to pay AMSC the first installment of $32.5 million by July 5, 2018, and has agreed to pay AMSC the second installment of $25 million (Second Payment) within ten (10) months after the U.S. District Court delivers the first sentence against Sinovel, which is expected to occur on July 6, 2018 (Second Payment Due Date). Mr. Wenyuan Wei, former Sinovel chairman and a current Sinovel shareholder, has delivered a letter of guarantee to AMSC for the Second Payment should Sinovel fail to make such payment by the Second Payment Due Date.

In addition, pursuant to the terms of the settlement agreement, AMSC and its wholly-owned Austrian subsidiary, AMSC Austria GmbH, have granted Sinovel a non-exclusive license for certain AMSC intellectual property to be used solely in Sinovel’s doubly fed wind turbines. In the event that Sinovel or Mr. Wei does not make the Second Payment by the Second Payment Due Date, the agreement provides that the non-exclusive license will terminate.

AMSC and Sinovel have also agreed to submit withdrawal applications to terminate the various legal proceedings between them, with the right to re-file, to the relevant Chinese courts and the Beijing Arbitration Commission. In addition, AMSC and Sinovel have agreed to a mutual release covering all subject matters of the commercial disputes, effective upon the completion of the Second Payment.

Mr. Daniel P. McGahn, President and CEO of AMSC, expressed that, “We valued the past cooperation between Sinovel and AMSC which was heralded as the example of Sino-US cooperation in the new energy area. Through Sinovel’s and AMSC’s joint efforts, we have signed a settlement agreement to resolve the previous disputes in a constructive manner that we believe will enable us to move on with our respective businesses. This closes a challenging chapter for AMSC.”

McGahn continued, “We thank the Chinese, American, Austrian, and EU governments for their attention, understanding and support.”



https://globenewswire.com/news-rele...unces-Settlement-with-Sinovel-Wind-Group.html
 
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