Status on patent disputes with Enercon GmbH, Mr Aloys Wobben

In previous company announcements 1 , 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.