Clean Tech in Court: Green Patent Complaint Update

March 8th, 2012 by David Gibbs* Leave a reply »

 

There have been several green patent complaints filed in the past few weeks in the fields of hybrid vehicles, solar power, LEDs, and wastewater treatment.

 

Hybrid Vehicles

Paice LLC et al. v. Hyundai Motor Company et al.

On February 16, 2012, Paice filed suit against Hyundai and Kia in the United States District Court for the District of Maryland, Baltimore Division.  The Paice-Hyundai_Complaint alleges Hyundai and Kia infringed three of Paice’s patents relating to hybrid vehicles.

The asserted patents are U.S. Patent Nos. 7,237,634, 7,104,347, and 7,559,388.  All three patents are entitled “Hybrid Vehicles”.  The patents cover hybrid electric vehicles utilizing an internal combustion engine with series parallel electric motors, regenerative braking, and control circuitry.

Paice claims all three patents are infringed in Hyundai’s Sonata Hybrid and Kia’s Optima Hybrid vehicles and seeks both injunctive relief and monetary damages.

This case is a major return to patent enforcement for Paice.  The company settled its litigation with Toyota in 2010 after Toyota agreed to take a license to Paice’s entire patent portfolio.

 

Solar Power

Solannex, Inc. v. Miasole, Inc.

Filed on February 21, 2012 in the U.S. District Court for the Northern District of California, San Jose Division, Solannex’s Complaint (Complaint) alleges that Miasole infringes two of its patents relating to photovoltaic cells.

The asserted patents are U.S. Patent No. 8,076,568 entitled “Collector Grid and Interconnect Structures for Photovoltaic Array and Modules:, and U.S. Patent No. 8,110,737 entitled “Collector Grid Electrode Structures and Interconnect Structures for Photovoltaic Arrays and Methods of Manufacture”.

According to the complaint, the two patents relate to “interconnections of multiple photovoltaic cells.”  Solannex asserts that several products in Miasole’s MR-Series and MS-Series product lines are infringing.  Solannex is seeking both injunctive relief and monetary damages.

Solannex sued Miasole in January 2011 over a related patent

 

LEDs

Toyoda Gosei Co., Ltd. v. Formosa Epitaxy, Inc.

On February 21, 2012, Toyoda filed a complaint against Formosa in the U.S. District Court for the Northern District of California, San Jose Division, alleging infringement of eight patents relating to LEDs.

According to the complaint (Toyoda_Gosei_Complaint), the following three patents describe, among other things, “a light-emitting semiconductor device … designed to improve luminous intensity and to obtain a purer blue color”:

U.S. Patent No. 6,005,258 entitled “Light-Emitting Semiconductor Device Using Group III Nitrogen Compound Having Emission Layer Doped with Donor and Acceptor Impurities”;

U.S. Patent No. 6,265,726 entitled “Light-Emitting Aluminum Gallium Indium Nitride Compound Semiconductor Device Having an Improved Luminous Intensity”; and

U.S. Patent No. 7,138,286 entitled “Light-Emitting Semiconductor Device Using Group III Nitrogen Compound” (‘286 Patent).

The complaint describes the following patent as “a light-emitting semiconductor device having an improved metal electrode and semiconductor structure that lowers the driving voltage of the device”:

U.S. Patent No. 5,753,939 entitled “Light-Emitting Semiconductor Device Using a Group III Nitride Compound and Having a Contact Layer upon which an Electrode is Formed”.

The following two patents are described as a “method of manufacturing a semiconductor light-emitting device”:

U.S. Patent No. 6,040,588 entitled “Semiconductor Light-Emitting Device”; and

U.S. Patent No. 6,420,733 entitled “Semiconductor Light-Emitting Device and Manufacturing Method Thereof”.

Finally, the complaint describes the following patents as “’LED[‘s] ha[ving] a thin highly resistive or insulative layer formed below an electrode pad in order to divert current flow from the region below an electrode pad’ to obtain better current efficiency”:

U.S. Patent No. 6,191,436 entitled “Optical Semiconductor Device”; and

U.S. Patent No. 6,933,169 entitled “Optical Semiconductor Device”.

Toyoda is seeking both injunctive relief and monetary damages.

 

Solar Power / LEDs

Jiawei Technology (USA) et al. v. Adventive Ideas, LLC.

On February 8, 2012, Jiawei filed a complaint for declaratory judgment of invalidity and non-infringement (Jiawei_Complaint) against Adventive in the U.S. District Court for the District of Delaware.  Jiawei is seeking judgment declaring Adventive’s patents invalid and, in the alternative, that they have not been infringed.

The patents at issue are U.S. Patent Nos.:

7,196,477, entitled “Solar Powered Light Assembly to Produce Light of Varying Colors”, describing a garden light which has three different colored LEDs that are activated to produce a varying color light;

7,336,157, entitled “Illuminated Wind Indicator”, which provides for a solar powered visual indicator of wind motion at night by way of an illuminated pendulum assembly in a wind chime;

7,429,827, entitled “Solar Powered Light Assembly to Produce Light of Varying Colors”, which relates to a garden light which has three LEDs that are activated to produce a varying color light;

7,967,465, entitled “Light Device” which describes a solar powered light enclosed in a translucent housing;

8,077,052, entitled “Illuminated Wind Indicator”, which describes a solar powered visual indicator of wind motion at night by way of an illuminated pendulum assembly in a wind chime;

8,089,370, entitled “Illuminated Wind Indicator”, which provides a visual indicator of wind motion at night by way of an illuminated wind chime and associated circuitry; and

8,104,914, entitled “Light Device”, which describes a solar powered light device with at least one power storage device and associated circuitry.

 

Wastewater Treatment

Aero-Stream, LLC v. Septicair Aid, LLC et al.

On February 24, 2012, Aero-Stream filed a complaint for patent infringement (Aero-Stream_Complaint) against Septicair Aid in the U.S. District Court for the Eastern District of Wisconsin. Aero-Stream asserts Septicair infringes several of its patents relating to septic wastewater treatment systems by offering for sale a “Quad Diffuser Aeration Kit” and “Economy Diffuser”.

The patents at issue are U.S. Patent Nos.:

7,264,727, entitled “Septic System Remediation Method and Apparatus,” describing an apparatus and method of remediating a failing wastewater treatment system;

7,429,320, entitled “Wastewater Treatment System,” describing an apparatus and method of remediating a failing wastewater treatment system;

7,468,135, entitled “Portable Tank Wastewater Treatment System and Method” describing a portable wastewater treatment system comprising a wastewater holding tank and a generator positioned to provide oxygen, or ozone, or a combination of the two to the interior of the holding tank; and

7,718,067 entitled “Septic System Remediation Method and Apparatus” describing an apparatus and method of remediating a failing wastewater treatment system.

Aero-Stream is seeking injunctive relief and monetary damages.

David Gibbs is a contributor to Green Patent Blog.  David is currently in his third and final year at Thomas Jefferson School of Law in San Diego.  He received his undergraduate degree in Geology from the University of California, Berkeley.

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