Daniel McGahn
Analyst · H.C. Wainwright
Thanks, Dave. Before we begin to talk about the core business, I'm going to take a few moments to discuss the litigation in China.
We haven't talked about our former customer during our formal remarks in almost 2 years. This is because we're focused on the business, and the business is not dependent upon the outcome of these cases. However, since there has been some activity over the past months and we've received questions, we felt it prudent to provide a general update. So please bear with me as it will take a few minutes.
Two years ago, the U.S. Department of Justice indicted Sinovel, 2 of its employees, and AMSC's former employee in a criminal action for stealing trade secrets in the United States. Sinovel had requested the case be dismissed on the grounds that the company was not properly served. In July, the United States Court of Appeals for the Seventh Circuit rejected Sinovel's appeal and its stated concern that, "The Chinese government's dignity will be adversely affected," by a trial. As for our litigation in China, we still have yet to see substantive movement. That said, we have had a few procedural changes over the past few months. As a reminder, we have 4 legal actions against Sinovel for the theft and use of our intellectual property and for Sinovel's refusal of contracted shipments. Three of these cases are in the civil court system and one is in arbitration. Two of our civil cases are copyright infringement cases. One is worth $6 million and is in the Beijing court system. The other is worth $200,000 and is in the Hainan court system.
After we filed these cases in late 2011, Sinovel appealed both on jurisdictional grounds. The Chinese Supreme People's Court rejected Sinovel's appeals in both of these cases. The litigation focuses on Sinovel's unauthorized copying and use of portions of our wind turbine control software developed for Sinovel's 1.5-megawatt wind turbines and the binary code or upper layer of AMSC's software for our PM3000 power converters.
In the first fiscal quarter, we learned that our $6 million copyright infringement case was dismissed by the Beijing No.1 Intermediate People's Court for lack of evidence, despite what we believe to be overwhelming evidence that supports our claims. We also learned that our $200,000 copyright infringement case in Hainan was also dismissed using the same rationale. We have appealed both decisions. The appeal in Beijing is expected to be heard sometime in August. We do not yet have a date for the appeal hearing in Hainan. These rulings were not unexpected given the past rulings at the lower levels, the time elapsed, lack of demonstrable progress and previous disregard of overwhelming evidence.
As mentioned, both of these cases had previously gone through a series of appeals. And as I said, ultimately, China's Supreme People's Court, which is China's highest court, found in our favor in both cases with respect to jurisdictional matters. We anticipate that, ultimately, the Supreme People's Court may have to rule on the merits of the copyright infringement cases as well.
Our third legal action is a $450 million trade secrets case. This case focuses on Sinovel's unauthorized use of portions of our wind turbine control software source code developed for Sinovel's 1.5-megawatt wind turbines. This case was originally filed in the same Beijing court system as our $6 million copyright infringement case.
At the end of last year, a separate IP court was established. In June, we transferred our trade secrets case to this newly established court in Beijing that is dedicated to intellectual property cases. This court was not in existence when we initially filed suit almost 4 years ago.
Based on advice from our legal counsel and the Beijing No.1 Intermediate Court judge originally assigned to the trade secrets case, we believe that this is the appropriate forum for our trade secrets case. We are currently awaiting our first hearing. Interestingly, this court has been much more interactive with us in the past month than the previous courts had been in the past years.
Finally, we continue to await the next steps of our $700 million arbitration case, which is being heard by the Beijing Arbitration Commission. Our last hearing was held more than 2 years ago in May of 2013. Since such time, we've been working through procedural issues. The Beijing Arbitration Commission has not given an indication for the timing of the next steps.
Sinovel is partially state-owned and so we believe that, ultimately, this will be an issue between the Chinese, United States and European Union governments. We will continue to aggressively seek redress for our claims in the Beijing and Hainan courts and with the Beijing Arbitration Commission. And we will continue to be patient. A crime was committed, and we will continue to persevere until justice is served.
Fortunately, the vast majority of the costs associated with litigating these cases has already been paid. We continue to believe that we will have a positive outcome. But let me be clear, the health of the business is not dependent upon the outcome of these cases.
Thanks for your patience during this update and explanation. And on that note, I'm now going to move back to focusing on the actual business.
I'll start today's business discussion with our Wind business unit. Through our Windtec Solutions, we develop and engineer highly competitive wind turbines and wind turbine components. Our partners benefit from our 20 years of experience, designing and engineering multi-megawatt wind turbines. Our staff includes experts in mechanical and electrical engineering as well as control software development, and we are able to provide access to advanced product features.
We also provide our wind turbine licensees with fully integrated Electrical Control Systems or ECS. The ECS consists of the electrical pitch system, converter system, power distribution cabinets and various turbine control cabinets as well as our SCADA solution.
Our wind turbine systems are designed to offer higher performance with a single simple interface for the user. By using our integrated Electrical Control Systems, our customers wind turbines provide higher availability, reliability and optimized energy output.
Our customers that are in volume production are Inox Wind in India and JCNE in China. The future continues to look bright for Inox. The macro climate in India continues to be favorable. Policies such as accelerated depreciation benefit and generation-based incentives were reinstated.
Additionally, multiple states have multi-year tariff policies. Furthermore, profit-making entities are required to spend 2% of their profits on corporate and social responsibility, and investments in renewable energy count towards that investment.
Finally, loans for renewable projects are more readily available than they were 2 or 3 years ago. Inox has benefited from these policies, and at the end of June, had an order book of about 1,200 megawatts. The company has indicated that they are sold out for the next 12 months. In fact, Inox believes that it has the largest order book in all of India. They currently have a manufacturing capacity of 800 megawatts. They plan to use the proceeds from their IPO to double their capacity to 1,600 megawatts. We will continue to support Inox as they ramp up their capacity. We are in discussions with them about their next order, and we expect to receive it by the end of our second fiscal quarter.
In the first fiscal quarter, we also shipped Electrical Control Systems to JCNE in China. They are going to continue to work through their inventory before requesting new shipments. We do not anticipate JCNE needing additional shipments at least through the end of this fiscal year. As a result, all of our ECS manufacturing will be out of our manufacturing facility in Romania. As a reminder, we announced in March 2014 that our facility in Romania will fully support customers outside of China and our facility in China is dedicated to the Chinese market and will be sized accordingly. We remain committed to our Chinese customers and continue to provide service and spare parts for our Chinese customers.
Moving on to our Gridtec Solutions. I'll start with our solution for the U.S. Navy. We have begun procuring ship protection system components against the $8.5 million contract that we announced in the first fiscal quarter. Additionally, we've begun design work for the next ship protection system application. Finally, we've been working with the Navy and shipbuilders on ship protection systems to understand their unique needs and how our technology can integrate into those vessels. We are identifying specifications for certain planned ships in both the retrofit and forward-fit markets.
Moving on to our D-VAR STATCOM solution. The D-VAR product addresses 3 primary end markets: renewable energy, electric utilities and industrial installations like mines or semiconductor fabs.
The majority of our revenue comes from the interconnection of renewable energy generation plants to the electricity grid. For electric utilities, the D-VAR solution can help utilities carry more power through their existing transmission and distribution assets. It can also enhance transmission system performance and prevent widespread blackouts.
Industrial applications such as semiconductor fabs require high power quality. This is because that even the slightest variation in voltage can compromise an operation and result in significant costs. D-VAR systems can mitigate these types of issues and ensure high power quality for both the industrial customer and the grid operator.
We see strong activity for the renewable application of the D-VAR. We are also actively working to expand sales beyond renewable applications. We hope to announce orders in the other segments in the coming months. Overall, our D-VAR business is quite healthy.
Moving on to our REG solution, Resilient Electric Grid. We are engaged with ComEd in Chicago on the installation of the system into their electric grid. We are working with the utility to evaluate their total cost as well as the time line for construction.
In July, we announced that Pepco, Washington, D.C.'s electric utility, is undertaking a study of our REG system. We are in the early stages of our work with Pepco, but we believe that there is a possibility that the design for Pepco could be larger than the design for ComEd. This study fits well with Pepco's corporate initiatives, including its resiliency plan. This plan is aimed at substantially increasing the reliability of the distribution system by reducing both the frequency and duration of outages. We expect that the completion of the Pepco study, combined with the study of Eversource's electric grid, meet the requirement in DHS contract of having at least 2 additional cities exploring the deployment of the REG system.
Beyond meeting the DHS requirement, other utilities have noticed these utilities getting involved. Over the past quarter, our conversations with other utilities have matured and have become more substantial. Through these conversations, we believe that REG is a near-term solution for complex challenges that utilities are facing.
The wind market in India is on an upward trend, and Inox is positioning itself to take advantage of that trend. Our backlog for the D-VAR product is up more than 20% year-over-year. We are gaining traction with our REG solution. I'm proud to say that we're working with utilities in Chicago, Boston and Washington D.C., 3 world-class cities. I look forward to reporting back to you at the completion of our second fiscal quarter.
And we'll open up the line now to your questions. Aaron?