Siemens v. General Electric was a widely followed patent infringement dispute with profound consequences for the clean energy sector. In a recent Law360 article, Sunstein LLP Patent Chair John W. Powell and patent attorney Andrew P. Siuta outlined the most important lessons and takeaways from this landmark, years-long matter.

According to John and Andrew, Siemens “serves as a vivid reminder of the intricate balance between innovation, legal boundaries and ethical considerations in the rapidly changing world of renewable energy.”

They discuss the following as crucial lessons:

• Pitfalls of Willful Infringement
  The trial's narrative serves as a cautionary tale against adopting a strategy of willful infringement. While GE's decision to continue infringing may yield long-term gains, it left the company exposed to significant financial penalties and, potentially, reputational damage.
  
  
• Judicial Approach to Clean Technology
  The trial's outcome offers insights into the U.S. Court of Appeals for the Federal Circuit's stance on tackling patent infringement within the clean technology sector. The court's assertiveness in protecting intellectual property underscores its commitment to nurturing innovation while ensuring a level playing field.

The authors note that, as the clean energy sector continues to evolve, legal battles like this will likely become more frequent. With planning afoot for 2024, now is an ideal time to ensure that IP is prioritized in new clean energy endeavors.

See the Law360 article in its entirety here