If you are optimistic, as I tend to be, then the Sinovel–AMSC settlement is merely a precursor to acceptance by Sinovel of the sentence to be announced next week. In other words, Sinovel and AMSC agree to putting an end to some 8 years of litigation in China that went nowhere, owing to the incentives to protect Chinese interests (pardon the euphemism). That gets rid of all the litigation, in return for which AMSC receives what can only be described as a token compensation for damages, together with some form of agreement that might lead to future business for AMSC in China.
Now comes the sentence for illegal use of trade secrets and stealing intellectual property. In my view, the fine will be substantial, with at least a portion of the proceeds going to AMSC. More important, Sinovel and its Chinese mentors will accept the judgment, agree not to appeal, and pay up (possibly helped by Chinese government interests). This will not only help China's interest in becoming a respected world power by showing its willingness to abide by the rule of law but will result in at least some degree of justice for AMSC, which has documented proof of guilt on the part of Sinovel, and documented proof of loss. And the judgment will have been made apart from any Chinese court, thereby relieving those courts and their supporters of any embarrassment.
Just my opinion, but I'm still holding AMSC.
Art |
