Archive for September, 2016

Clean Tech in Court: Green Patent Complaint Update

September 23rd, 2016

A number of new green patent infringement complaints were filed in July and August in the areas of advanced batteries, biofuels, LEDs, and electric motors.

 

Advanced Batteries

Dynavair LLC v. AMS USA, Inc.; Dynavair v. Atmel; Dyanavair v. Cobham Advanced Electronic Solutions; Dynavair v. Eaton; Dynavair v. Freescale Semiconductor; Dynavair v. Intersil; Dynavair v. Linear Technology; Dynavair v. Microchip Technology; Dynavair v. OKW Electronics; Dynavair v. Samsung SDI America; Dynavair v. SII Semiconductor; Dynavair v. Texas Instruments

Dynavair has initiated at least twelve lawsuits accusing, inter alia, AMS USA, Atmel, Eaton, Freescale Semiconductor, Samsung, and Texas Instruments of infringing U.S. Patent No. 6,271,645 (‘645 Patent).

A representative complaint, filed July 5, 2016 in federal court in Marshall, Texas, against AMS lists AMS’s AS8506C Battery Cell Monitor and Balancer IC as the accused instrumentality.  According to the complaint, the product balances energy levels between two battery groups in a battery pack.

The ‘645 Patent is entitled “Method for balancing battery pack energy levels” and directed to a method and circuit for balancing energy levels among first and second battery groups within a battery pack by controlling a first energy level responsive to a first state of charge value indicative of a first energy level of the first battery group and a second energy level responsive to a second state of charge value indicative of the energy level of the second battery group so as to balance the first and second energy levels.

Biofuels

DSM IP Assets et al. v. Lallemand Specialties, Inc. et al.

Filed July 13, 2016 in U.S. District Court for the Western District of Wisconsin, DSM’s complaint accuses Lallemand and Mascoma LLC of infringing a patent relating to yeast products used in ethanol production.

U.S. Patent No. 8,795,998 is entitled “Fermentative glycerol-free ethanol production” and directed to transgenic yeast cells that reduce or eliminate the production of glycerol during fermentation.

More particularly, the patent relates to a recombinant yeast cell lacking enzymatic activity needed for the NADH-dependent glycerol synthesis or the cell having reduced enzymatic activity with respect to the NADH-dependent glycerol synthesis.

The accused products are yeast products, including Lallemand’s TransFerm Yield+ yeast.

LEDs

Lighting Science Group Corporation v. Titch Industries, Inc. et al.

Lighting Science Group Corporation v. Shenzhen Jiawei Photovoltaic Lighting Co.

Lighting Science Group Corporation v. Satco Products, Inc.

Lighting Science Group Corporation v. Technical Consumer Products, Inc.

Lighting Science Group Corporation v. Wangs Alliance Corporation et al.

Lighting Science Group Corporation v. Amax Lighting

Lighting Science Group filed at least six more infringement suits in July, asserting various combinations of the following three patents: U.S. Patent No. 8,201,968 (‘968 Patent), U.S. Patent No. 8,967,844 (‘844 Patent), and U.S. Patent No. 8,672,518 (‘518 Patent).

Entitled “Low profile light,” the ’968 Patent is directed to a luminaire including a heat spreader and a heat sink disposed outboard of the heat spreader, an outer optic securely retained relative to the heat spreader and/or the heat sink, and an LED light source.

The ‘518 Patent and the’ 844 Patent are entitled “Low profile light and accessory kit for the same” and relate to LSG’s disc light LED devices.

With the exception of the Shenzhen complaint, filed July 11, 2016 in U.S. District Court for the Northern District of California, all of the lawsuits were filed in Orlando, Florida.  The Titch complaint was filed July 7th; the Satco complaint and the Technical Consumer Products complaint were filed July 13th; the Wangs Alliance complaint and the Amax Lighting complaint were filed July 22nd.

 

Lexington Luminance LLC v. TCL Multimedia Holdings, Ltd. et al.

In a complaint filed July 13, 2016 in U.S. District Court for the District of Massachusetts, Lexington Luminance accused TCL Multimedia Holdings and TTE Technology of infringing U.S. Patent No. 6,936,851 (‘851 Patent).

The ‘851 Patent is entitled “Semiconductor light-emitting device and method for manufacturing the same” and is directed to LEDs having textured districts on the substrate such that inclined layers guide extended defects to designated gettering centers in the trench region where the defects combine with each other.  This structure reduces the defect density of the LEDs.

The accused products include television model 40FD2700 using backlighting LEDS which, according to the complaint, use an infringing patterned sapphire substrate.

 

Lemaire Illumination Technologies, LLC v. LG Electronics USA, Inc. et al.

Lemaire Illumination Technologies sued LG for alleged infringement of three patents relating to LED lighting technology.

The patents-in-suit are U.S. Patent Nos. 6,095,661 (‘661 Patent), 6,488,390 (‘390 Patent) and 9,119,266 (‘266 Patent).

The ‘661 Patent is entitled “Method and apparatus for an L.E.D. flashlight” and the ‘390 Patent is entitled “Color-adjusted camera light and method” and these related patents are directed to an LED flashlight including  a control circuit for maintaining a predetermined light output level of the LED units as a charge on a battery varies.

The ‘266 Patent is entitled “Pulsed L.E.D. illumination apparatus and method” and directed to an illumination source for a camera including one or more LEDs and a control circuit for driving the LEDs with electrical pulses at a frequency high enough that light produced has an appearance to a human user of being continuous rather than pulsed.

Filed in federal court in Marshall, Texas on July 14, 2016, the complaint lists the LG G3 and G4 smartphones as accused devices.

 

Nichia Corporation v. Mary Elle Fashions, Inc. et al.

Nichia Corporation v. Lowe’s Companies, Inc. et al.

Nichia Corporation v. TCL Multimedia Technology Holdings, Ltd. et al.

Nichia filed these three lawsuits in July and August asserting U.S. Patent No. 7,915,631 (‘631 Patent) against Mary Elle Fashions, Lowe’s, and TCL.

The complaint against Mary Elle Fashions was filed July 19, 2016 in U.S. District Court for the Eastern District of Missouri and lists the Meridian 13w Equivalent Bright White G24 Non-Dimmable LED Bulb as the accused product.

The Lowe’s complaint, filed July 19, 2016 in federal court in Statesville, North Carolina, alleges that the Utilitech Pro 48-inch Strip Light and the Utilitech Pro 24-inch Strip Light infringe the ‘631 Patent.

The complaint against TCL was filed August 8, 2016 in U.S. District Court for the District of Delaware and names the TCL 48″ Class Television as the accused product.

Entitled “Light emitting device and display,” the ‘631 Patent is directed to an LED having a phosphor capable of absorbing a part of light emitted by a light emitting component and emitting light of a wavelength different from that of the absorbed light.

 

Nichia Corporation v. v. TCL Multimedia Technology Holdings, Ltd. et al.

Separately, Nichia also sued TCL in federal court in Marshall, Texas allegint that the TCL 55GS3700 55 inch 1080p Roku Smart LED TV infringes U.S. Patent No. 8,530,250 (‘250 Patent).

Entitled “Light emitting device, resin package, resin-molded body, and methods for manufacturing light emitting device, resin package and resin-molded body,” the ‘250 Patent is directed to a method of manufacturing an LED such that the optical reflectivity at a wavelength of 350-800 nm after thermal curing is 70% or more.

The method includes the steps of sandwiching a leadframe with a notched section, transfer-molding a thermosetting resin containing a light-reflecting substance, forming a resin-molded body on the leadframe, and cutting the resin-molded body and the leadframe along the notched section.

The complaint was filed August 8, 2016.

 

Seoul Viosys Co., Ltd. v. P3 International Corporation

This lawsuit was filed August 8, 2016 in U.S. District Court for the Southern District of New York.

In the suit, Seoul accuses P3 of infringing five LED patents:

U.S. Patent No. 7,982,207, entitled “Light emitting diode”

U.S. Patent No. 7,951,626, entitled “Light emitting device and method of manufacturing the same”

U.S. Patent No. 9,203,006, entitled “Light emitting device”

U.S. Patent No. 8,692,282, entitled “Light emitting diode package and light emitting module comprising the same”

U.S. Patent No. 8,168,988, entitled “Light emitting element with a plurality of cells bonded, method of manufacturing the same, and light emitting device using the same”

The accused products listed in the complaint include P3’s P7880 LED Bug Trap and P7885 LED Bug Trapper II.

 

Philips Lighting North America Corp. et al. v. GVA Lighting, Inc.

Philips has asserted four of its LED patents against Canadian company GVA, alleging that GVA’s STR9 RGBW linear surface mount LED luminaires infringe the patents.

The patents-in-suit are:

U.S. Patent No. 6,692,136, entitled “LED/phosphor-LED hybrid lighting systems”

U.S. Patent No. 6,788,011, entitled “Multicolored LED lighting method and apparatus”

U.S. Patent No. 7,014,336, entitled “Systems and methods for generating and modulating illumination conditions”

U.S. Patent No. 7,255,457, entitled “Methods and apparatus for generating and modulating illumination conditions”

The complaint was filed August 11, 2016 in the U.S. District Court for the District of Massachusetts.

 

Bitro Group v. Blueview Elec-Optic Tech

Bitro Group v. Global Lux

Bitro Group v. Jb Online LLC dba Ellumiglow.com

Bitro Group v. LEDwholesalers.com

Bitro Group v. The LED Light, Inc.

Bitro Group filed five lawsuits on August 16, 2016 against various defendants asserting infringement of U.S. Patent No. 9,113,558 (‘558 Patent).

The ‘558 Patent is entitled “LED mount bar capable of freely forming curved surfaces thereon” and directed to an LED tape light strip with a structure that allows it to be bent in the direction of its width so it can be used for lighting that must conform to unique shapes.

The complaints (Blueview Elec-Optic complaintGlobal Lux complaintJB Online complaintLEDwholesalers.com complaintThe LED Light complaint) were all filed in U.S. District Court for the District of New Jersey.

The accused products are Blue View Elec-Optic’s Bendable Zig Zag LED tape, Global Lux’s Zigzag Ribbon lights, JB Online’s Wavelux Bendable 3528 LED Strip Light, LEDwholesalers’ Ultra-Flex 6.56-Feet Single Color LED Strip, and the LED Light’s Bendable Flexible LED Strips.

 

Innovative Display Technologies LLC v. LG Display Co. et al.

U.S. Patent Nos. 7,322,730, entitled “Light emitting panel assemblies” (‘730 Patent) and 7,178,965, entitled “Light emitting panel assemblies having LEDs of multiple colors” (‘965 Patent).

The ‘730 and ‘965 Patents relate to optical assemblies including a light emitter having at least one layer of a transparent film, sheet or plate through which light emitted by the light emitter passes.  A pattern of deformities on or in at least one side of the film, sheet or plate control an output ray angle distribution of light emitted by the optical assemblies.

The complaint was filed August 24, 2016 in federal court in Marshall, Texas.

The accused products are various mobile phones, tablets, televisions, monitors, laptops, and liquid crystal display modules containing edge-lit and/or 2-D array backlights.

 

Epistar Corporation v. Adamax, Inc.

In this action, filed August 30, 2016 in U.S. District Court for the Northern District of California, Epistar has asserted six patents relating to LED filament technology.

U.S. Patent No. 6,346,771, entitled “High power LED lamp”

U.S. Patent No. 6,489,068, entitled “Process for observing overlay errors on lithographic masks”

U.S. Patent No. 7,560,738, entitled “Light-emitting diode array having an adhesive layer”

U.S. Patent No. 8,240,881, entitled “Light-emiting device package”

U.S. Patent No. 8,791,467, entitled “Light emitting diode and method of making the same”

U.S. Patent No. 9,065,022, entitled “Light emitting apparatus”

The complaint names Adamax’s NewHouse Lighting Dimmable Flame Tip 3.5 W LED Vintage Edison Filament Bulb, 2200K as infringing products.

Electric Motors

Cannarella v. Volvo Car USA LLC et al.

An individual inventor, R. Thomas Cannarella, sued Volvo and others alleging infringement of U.S. Patent No. 8,232,661 (‘661 Patent).

The ‘661 Patent is entitled “System and method for generating and storing clean energy” and directed to a system for generating electrical energy from pressurized fluid and peristaltic compression and expansion cycles.

Filed August 17, 2016 in the U.S. District Court for the Central District of California, the complaint alleges that the defendants have made a commercial entitled “Highway Robbery: Volvo XC90 T8 Twin Engine Hybrid” featuring an infringing peristaltic energy generation system.

Eco-mark Update: A New Green Certification for Evaluating Power System Performance

September 12th, 2016

peer-logo_0

A new green certification has been added to the eclectic mix of independent third-party indicators of environmentally beneficial products, systems, buildings, etc.

Administered by the Green Building Certification Institute (GBCI), which also runs the LEED certification for green buildings, the PEER certification (for Performance Excellence in Electricity Renewal) measures power system performance.

More particularly, according to the PEER overview page:

PEER evaluates power generation, transmission, and distribution systems across desired outcomes of optimal efficiency, quality, reliability, and resiliency, and with minimized impact to the environment…PEER addresses power generation, transmission, and distribution–from the time it leaves the generator until it reaches the customer.

PEER includes a screening process to provide independent assessments of power system projects and a rating system for potential certification.

The rating system has four outcome-based credit categories and 68 credits.  Reliability & Resilience credits address power quality, supply availability, interruptions, risk mitigation, restoration, redundancy and microgrid capabilities.

Energy Efficiency & Environment credits address energy efficiency of power delivery, air emissions, resource use, renewable energy credits and power delivery impacts.

Operational Effectiveness credits address electricity costs, asset utilization, load shaping, general operation expenses, capital spending or investment, corrective maintenance and indirect costs.

Customer Contribution credits address customer grid service capability, meter data access, tools, choice, incentives and dynamic pricing.

According to the PEER web site, the new certification is important because of the environmental costs of relying on traditional energy sources and the costs of poor power quality:

Electricity is lost through conversion and waste, which has a negative impact on the environment as well as the economy. Reliance on non-renewable energy sources threatens our environment. Poor power quality can damage electrical devices. Power outages, usually as a result of severe weather, costs the economy billions of dollars a year and poses risks to critical infrastructure.

A search of the federal trademark records shows that GBCI owns U.S. Service Mark Registration No. 4,683,005 for the mark PERFORMANCE EXCELLENCE IN ELECTRICITY RENEWAL for the following services in Class 41:

Education services, namely, providing courses and classes for teaching professionals in the fields of achieving a standard level of performance in terms of electricity sustainability including: reliability, power, quality, safety, energy efficiency, environment, cost efficiency, and customer engagement

While educational services are important, given the central focus on independent certification, it seems odd that GBCI hasn’t applied for a certification mark registration for the word PEER, the full phrase, and/or the PEER logo shown above.

Certification marks differ from ordinary trademarks and service marks in that, instead of indicating the commercial source of a product or service, they communicate that goods or services meet certain quality or manufacturing standards.  They are owned not by the individual businesses, but by the organizations that set the standards.

For further discussion of certification marks see my previous posts here, here, and here.

Regardless of its trademark protection strategy, GBCI remains a force in green certifications and the new PEER certification has the potential to have a major positive impact on power generation, transmission, and distribution.