Siemens
alleges General Electric is trying to steal its intellectual property with
plans to buy on the sly a decommissioned gas turbine from Contact Energy.
The Court of Appeal upheld an interim
injunction blocking the sale pending a full trial on Siemens’ claims it could
veto any sale to a competitor. Siemens
provided gas turbines for Contact’s Otahuhu B combined cycle power
station. Contact has closed the plant.
The Court of Appeal was told Siemens
provided Contact with a letter of support to assist in the gas turbines onward
sale, expecting the units to be offered to other power generators. There was evidence of Contact keeping General
Electric’s interest hidden, describing GE personnel on scoping visits as
“mystery shoppers”.
Siemens claims intellectual property
rights in its gas turbines, particularly in the metallurgy and fit of burners,
blades and heat-resistant coatings.
General Electric admits it plans to disassemble Siemens’ turbine on
order to get information useful for its plans to compete in the market for
maintenance contracts. Siemens’ alleges
this will allow General Electric to reverse-engineer the turbine and acquire
trade secrets.
General
Electric v. Siemens – Court of Appeal (9.12.16)
17.007