Archive for the ‘Green Patents’ category

Clean Tech in Court: Green Patent Complaint Update

November 19th, 2014

Several new green patent lawsuits were filed in the last couple of months in the areas of LEDs, smart grid technologies, concentrated solar power, solar inverters, green dry cleaning solvents, and water treatment.

 

LEDs

Cree, Inc. v. Harvatek Corporation et al.

North Carolina LED maker Cree filed a couple of patent infringement suits in September and October.  In the first, Cree sued Harvatek for alleged infringement of six patents relating to white light LED technology.  The complaint was filed September 15, 2014 in the U.S. District Court for the Western District of Wisconsin.

Three of the asserted patents are of a first patent family and share the same title.  Another two are part of a second family and share a title.  The patents-in-suit are as follows:

U.S. Patent No. 6,600,175, entitled “Solid state white light emitter and display using same”

U.S. Patent No. 7,943,945, entitled “Solid state white light emitter and display using same”

U.S. Patent No. 8,659,034, entitled “Solid state white light emitter and display using same” (’034 Patent)

U.S. Patent No. 7,910,938, entitled “Encapsulant profile for light emitting diodes” (’938 Patent)

U.S. Patent No. 8,766,298, entitled “Encapsulant profile for light emitting diodes” (’298 Patent)

U.S. Patent No. 8,362,605, entitled “Apparatus and method for use in mounting electronic elements”

The complaint alleges that a number of Harvatek’s white LED products infringe the patents.

Cree, Inc. v. Honeywell International Inc.

The second suit accuses Honeywell of infringing the ’034, ’938, and ’298 Patents as well as U.S. Patent No. 8,860,058, entitled “Solid state white light emitter and display using same.”

Filed in the Western District of Wisconsin on October 28, 2014, the complaint alleges that Honeywell’s Automation and Control Systems and Aerospace business units are selling infringing products using Cree’s patent white LED technology for backlighting.

The accused products include liquid crystal display devices in Honeywell’s Aviation Lighting and Cockpit Displays, Environment & Combustion Controls, Scanning and Mobility devices, and Measurement and Control Systems as well as certain programmable thermostat products.

Smart Grid

Endeavor MeshTech, Inc. v. EnergyHub, Inc.

On October 14, 2014, Endeavor MeshTech (a wholly-owned subsidiary of patent monetization firm Endeavor IP) filed a patent infringement complaint against Brooklyn-based EnergyHub in the U.S. District Court for the Southern District of New York.

The complaint (Endeavor complaint part_1Endeavor complaint part_2) accuses EnergyHub of infringing three patents in a family – U.S. Patent Nos. 7,379,981  8,700,749, and 8,855,019, each entitled “Wireless communication enabled meter and network.”  The patents-in-suit relate to a self-configuring wireless network including a number vnodes and VGATES.

According to the complaint, EnergyHub’s self-configuring wireless network marketed and sold under the name of its Mercury platform infringe the patents.

 

Concentrated Solar Power

Schott Solar CSP GmbH v. SkyFuel, Inc. et al.

Schott filed suit against SkyFuel and Weihai Golden Solar October 23, 2014 in the U.S. District Court for the District of Colorado.  The complaint alleges infringement of U.S. Patent No. 7,013,887 (’887 Patent) relating to solar absorption receivers used in certain concentrated solar power (CSP) applications.

Entitled “Absorber pipe for solar heating applications,” the ’887 Patent is directed to an absorber pipe having a central metal pipe, a sleeve tube, folding bellows, and an expansion compensation device that connects the metal pipe and sleeve tube so that they can slide relative to each other.

According to the complaint, the defendants sell infringing receivers and/or build and install CSP plants incorporating infringing receivers.

 

Solar Inverters

Enphase Energy, Inc. v. SolarBridge Technologies, Inc.

Inverter maker Enphase Energy sued SolarBridge, alleging infringement of three patents relating to solar inverter technology.  The complaint was filed October 10, 2014 in the U.S. District Court for the Northern District of California.

The asserted patents are U.S. Patent Nos. 7,768,155 and 8,035,257, both entitled “Method and apparatus for improved burst mode during power conversion” and U.S. Patent No. 7,986,122, entitled “Method and apparatus for power conversion with maximum power point tracking and burst mode capability.”

The patents relate to systems and methods for converting DC power generated by solar panels to AC power for the electric grid and includes methodology for storing energy and drawing energy during burst periods and controlling burst modes to improve efficiency in low sunlight conditions.

The accused products are SolarBridge’s Pantheon microinverter and TrueAC module.

Green Dry Cleaning Solvents

GreenEarth Cleaning, L.L.C. v. Glyndon Laundry, Inc. d/b/a Glyndon Lord Baltimore Cleaners

Filed September 22, 2014 in U.S. District Court for the Western District of Missouri, GreenEarth’s complaint accuses Glyndon of, among other things, patent and trademark infringement.

GreenEarth alleges that Glyndon is infringing its “base” patent – U.S. Patent No. 5,942,007 (’007 Patent) – as well as nine other patents which are “variations” of the ’007 Patent.  The ’007 Patent is entitled “Dry cleaning method and solvent” and directed to methods of dry cleaning clothes using a cleaning fluid including a cyclic siloxane composition.

GreenEarth also accuses Glyndon of infringing its trademarks including its leaf and water droplet logo:

According to the complaint, GreenEarth licensed its trademarks and patented processes to Glyndon, but Glyndon stopped paying the requisite fees after August 2013 and continued to use the licensed intellectual property.

Water Treatment

Deerpoint Group, Inc. v. Acqua Concepts, Inc. (DBA Ag Water Chemical of California)

Deerpoint, a provider of water treatment solutions for the agriculture industry, sued Acqua and two former Deerpoint employees in federal court in Fresno, California.

Filed September 25, 2014, the complaint accuses Acqua of infringing U.S. Patent Nos. 6,238,573 (’573 Patent) and 7,638,064 (’064 Patent) and alleges that its former employees misappropriated trade secrets including confidential products and services, client lists, and pricing information.

The ’573 Patent is entitled “Water treatment” and directed to a process for producing chlorine for water treatment including blending calcium hypochlorite and water  to form a saturated solution of calcium hypochlorite and a sink of calcium hypochlorite and feeding chlorinated water to a water supply.

The ’064 Patent is verbosely titled “Continuously feeding chlorine to the irrigation system, monitoring an outer field point to determine whether at least a detectable level of residual chlorine is seen at that point, whereby chlorination disinfection system-wide is achieved.”

GE Settles Signage LED Patent Suit; Offers Patents for License

November 12th, 2014

One of the major green patent lawsuits I’ve been following in this space – GE Lighting v. Agilight – has settled.  GE announced the settlement in a recent press release.

The suit involved four GE LED patents, some relating to use of LED modules for signage applications:  U.S. Patent Nos. 7,160,140 (’140 Patent) and 7,832,896 (’896 Patent), entitled “LED String Light Engine,” U.S. Patent No. 7,520,771 entitled “LED String Light Engine and Devices that are Illuminated by the String Light Engine” (’771 Patent), and U.S. Patent No. 7,633,055 entitled “Sealed Light Emitting Diode Assemblies Including Annular Gaskets and Method of Making Same” (’055 Patent).

GE filed the suit against AgiLight back in February 2012 in the U.S. District Court for the Northern District of Ohio.  After the district court issued a claim construction ruling favorable to AgiLight, GE joined in a stipulation that two of the ’140 and ’771 Patents were not infringed to expedite appeal of the claim construction decision.

Shortly thereafter, the district court granted AgiLight’s motion for summary judgment on the remaining claims of the ’055 Patent) and the ’896 Patent.

The terms of the settlement are confidential, but according to the press release the litigation was resolved “to the parties’ mutual satisfaction.”

If the terms included AgiLight taking a license to the patents, it was non-exclusive:  GE Lighting’s General Manager – Global Product Management Jerry Duffy said the company is “offering non-exclusive licenses under these patents to interested parties.”

Pressing Matters: Inserting Indow Windows for Energy Efficiency

October 17th, 2014

Indow Windows (Indow) is a Portland, Oregon, company that has developed energy efficient window inserts.

Indow owns at least one U.S. Patent and a pending patent application covering its storm window technology.  U.S. Patent No. 8,272,178 (’178 Patent) is entitled “Press-fit storm window” and directed to a storm window assembly comprising a transparent panel and tubes or gaskets for insertion into a window frame.

The tube (102) has a hollow interior and a channel groove that connects it to the panel (130).  The tube allows a pressure fit (350, 352, 354) into a window frame.

FIGS. 6(A)-6(C) show a molded tube corner piece which includes parallel plates (605, 615) with a gap (617).  Notch (643) facilitates better coverage and flexibility while find (641) provides improved adhesion and insulation.

FIG. 5 shows the corner piece being inserted into a window frame.

U.S. Patent Application Publication No. 2014/0174006 is a related application (continuation-in-part of a continuation-in-part) owned by Indow, which adds some new material to the original disclosure of the ’178 Patent.

According to the ’178 Patent, the invention is intended to supplement, rather than replace, existing windows:

The windows are not designed to replace existing windows, but rather to supplement them by creating a tight seal between the interior space or exterior space and the existing window.

The invention accomplishes this by creating outward pressure around the edge of the panel:

In one embodiment of the inventive press-fit storm window, a transparent panel of acrylic glass, such as PLEXIGLAS, glass, or other clear rigid material is held in place by the spring action created by a continuous (or partial, conceivably) round gasket (or other spring-like gasket), that creates outward pressure around the entire exterior edge of the clear panel (or the top, left, and right sides). The panel is held securely in place through a combination of this outward pressure and friction.

A press release emailed to me by the company notes that its compression tube requires no mounting hardware or track system.  Significantly, the press release cites a U.S. Department of Energy study which found that installation of Indow Windows in a home in Seattle “led to a more than 20 percent reduction in heating, ventilating and air-conditioning use.”

The windows have gotten some recognition – according to the press release it has won a number of awards including the 2014 Top Product of the Year Award in the Environmental Leader Product & Project Awards.

Guest Post: Pace of Wind Innovation Slows, But is Set to Skyrocket Again

September 17th, 2014

Totaro & Associates, a Houston, TX based research and consulting firm has released a new research report on the pace of wind turbine technology innovation and proliferation.

IP ownership rankings show General Electric still leading with over 1,400 patent families, and the ability to now leverage the Alstom wind portfolio, which puts the combined total above 1,550.  Siemens has overtaken Vestas for #2 as predicted in last year’s report, and Mitsubishi drops from #4 to #5.

Previously outside the top 10, Guodian United Power has rocketed up into the #4 spot due to more patent filings in 2012 than any other company, although most filings were exclusive to China.

The top 10 wind turbine manufacturers control more than 56% of all wind patent filings, as well as over 77% of the patents which are broadly applicable to the entire industry or potentially infringed.  This strongly suggests the concentration of innovation in wind lies with those who can afford it.

The pace of patent filings has finally dropped for the first time after an average CAGR of 47% during the 2007 – 2011 time-frame.  The report indicates only a 7% growth in the number of global patent filings in wind in 2012 vs. 2011 and a slight decline for 2013 is expected as the recent market downturn has put a damper on research and development (R&D) spending and expenditure on IP protection.

Market conditions indicate that the pace is set to increase again in the coming years due to an increased commitment of expenditure on R&D.  Some companies are spending up to 6% of their revenue on R&D, which is almost double the spend rate in 2010 after the financial crisis.  Filings are expected to return to the levels seen in 2011 by 2015/16, although the average CAGR is expected to be a more modest 5 – 10%.

The research also shows that the US has the greatest number of patent filings on wind turbine technology, and companies have collectively spent over $162M on IP protection with over 8,365 individual patent filings there.  Europe is second at $138M with over 6,100 filings and China third at $61M with over 5,000 filings.  China is poised to overtake Europe for #2 within the next 12 months.

Globally, the entire wind industry has spent $522M to date on patent protection.  Expenditure on IP protection by wind companies is expected to escalate, with $1B to be spent by 2019 and $2B by 2026.

The past year has seen the penetration of some non-practicing entities (NPEs), more commonly referred to as ‘patent trolls,’ into the wind market.  These companies acquire orphaned intellectual property assets or develop their own patent portfolios specifically for the purpose of monetizing against the entrenched players in the industry.

With so many patents available for acquisition in the past 18 months, it is no surprise that these NPEs are seeing an opportunity to take advantage of market timing and attempt to drive up costs for operating companies in wind.

The full report is available from Totaro & Associates www.totaro-associates.com.

 

*Philip Totaro is the Principal at Totaro & Associates, a consulting firm focused on innovation strategy, competitive intelligence, product development and patent search.  To find out more, or get in touch please visit www.totaro-associates.com.

Clean Tech in Court: Green Patent Complaint Update

September 11th, 2014

As with many things, July and August were slow months for green patent litigation.  However, a handful of green patent complaints were filed in the last two months in the areas of solar power, green chemicals, smart meters, and, of course, LEDs.

 

Solar Power

Conlin v. Solarcraft, Inc.

Kevin L. Conlin sued Solarcraft on July 2, 2014 in federal court in Houston, Texas.  The complaint alleges that several patents relating to portable solar power units are invalid or unenforceable due to inequitable conduct.  Conlin further alleges that he should have been named as an inventor on the patents.

The patents-in-suit are:

U.S. Patent No. 7,832,253, entitled “Portable weather resistant gas chromatograph system”

U.S. Patent No. 7,843,163, entitled “Portable weather resistant enclosure”

U.S. Patent No. 7,750,502, entitled “Portable weather resistant flow meter system”

U.S. Patent No. 7,795,837, entitled “Portable solar power supply trailer with a security containment area and multiple power interfaces”

U.S. Patent No. 7,880,333, entitled “Method for weather resistant portable flow metering”

E. I. du Pont de Nemours and Co. v. SunEdison, Inc.

A previous post discussed du Pont’s solar paste patent litigation with Heraeus and another post detailed the parties’ subsequent legal wrangling over a press release and customer letters du Pont wrote about the litigation.

Armed with a new solar paste patent, du Pont has sued SunEdison.  Filed August 21, 2014 in the U.S. District Court for the District of Delaware, Du Pont’s complaint accuses SunEdison of infringing U.S. Patent No. 8,497,420 (’420 Patent).

The ’420 Patent is entitled “Thick-film pastes containing lead- and tellurium-oxides, and their use in the manufacture of semiconductor devices” an directed to a thick-film paste for printing the front-side of a solar cell having one or more insulating layers.  The thick-film paste comprises an electrically conductive metal and a lead-tellurium-oxide dispersed in an organic medium.

Green Chemicals

Koch Agronomic Services, LLC v. Eco Agro Resources, LLC

In this lawsuit over a treatment agent for fertilizer, Koch accuses Eco Agro of infringing U.S. Patent No. 5,698,003 (’003 Patent).  The complaint was filed in the U.S. District Court for the Middle District of North Carolina on August 13, 2014.

The ’003 Patent is entitled “Formulation for fertilizer additive concentrate” and directed to solvent systems for the formulation of certain urease inhibitors. These formulations enable the preparation of stable concentrated solutions for storage, transportation, and impregnation onto solid urea fertilizers and incorporation into liquid urea fertilizers.

According to the complaint, Eco Agro’s N-YIELD product, an environmentally-friendly urease inhibitor used to treat urea-based fertilizers, infringes the ’003 Patent.

Smart Meters

Sensor-Tech Innovations LLC v. CenterPoint Energy Houston Electric, LLC

On July 16, 2014 Sensor-Tech sued CenterPoint for patent infringement in federal court in Marshall, Texas.  According to the complaint, CenterPoint’s Advanced Metering System infringes U.S. Patent No. 6,505,086 (’086 Patent).

Entitled “XML sensor system,” the ’086 Patent is directed to a sensor communication system comprising an array of sensors adapted to transmit sensor data in XML format.

LEDs

Koninklijke Philips N.V.  et al. v. JST Performance, Inc.

Philips has asserted eleven LED patents against JST in an infringement action filed July 23, 2014 in federal court in Orlando, Florida.

According to the complaint, the patents are infringed by JST products in the A-Series, D-Series, E-Series, SR-Series, SR-M, SR-Q, RDS Series, Q-Series, and Wake Flame product lines, and LED products used in LED Lighting Devices such as dome lights, deck lights, driving lights, fog lights, light bars, spotlights, floodlights, diffused lights, and marine lighting products.

The asserted patents are:

U.S. Patent No. 6,250,774, entitled “Luminaire”

U.S. Patent No. 6,561,690, entitled “Luminaire based on the light emission of light-emitting diodes”

U.S. Patent No. 6,586,890, entitled “LED driver circuit with PWM output”

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. 6,806,659, entitled “Multicolored LED lighting method and apparatus”

U.S. Patent No. 6,967,448, entitled “Methods and apparatus for controlling illumination”

U.S. Patent No. 7,030,572, entitled “Lighting arrangement”

U.S. Patent No. 7,262,559, entitled “LEDS driver”

U.S. Patent No. 7,348,604, entitled “Light-emitting module”

U.S. Patent No. 7,566,155, entitled “LED light system”

 

Seoul Semiconductor Co. v. Curtis International Ltd.

Filed July 22, 2014 in the U.S. District Court for the Southern District of Florida, Seoul’s 7-patent complaint accuses Curtis’s LED televisions sold under the Proscan brand name of infringement.

The following patents are listed in the complaint:

U.S. Patent No. 8,314,440, entitled “Light emitting diode chip and method of fabricating the same”

U.S. Patent No. 7,964,943, entitled “Light emitting device”

U.S. Patent No. 7,626,209, entitled “Light emitting diode having active region of multi quantum well structure”

U.S. Patent No. 7,572,653, entitled “Method of fabricating light emitting diode”

U.S. Patent No. 6,942,731, entitled “Method for improving the efficiency of epitaxially produced quantum dot semiconductor components”

U.S. Patent No. 6,473,554, entitled “Lighting apparatus having low profile”

U.S. Patent No. 6,007,209, entitled “Light source for backlighting”

More Green Patent PR: Phytonix, Proterro and Others Tout Patents and Licenses

August 4th, 2014

I’ve written before (e.g., here and here) about tech firms’ penchant for patent PR.  Here are several recent contributions to the genre.

 

Phytonix Corporation, based in North Carolina, touts its new U.S. patent for biobutanol production technology in this press release.  The patent is U.S. Patent No. 8,735,651, entitled “Designer organisms for photobiological butanol production from carbon dioxide and water” (’651 Patent).

The ’651 Patent is directed to a biosafety-guarded photobiological butanol production technology based on designer transgenic plants, designer algae, designer blue-green algae (cyanobacteria and oxychlorobacteria), or designer plant cells.

But the company’s IP portfolio doesn’t end here; Phytonix wants you to know that it also has IP relating to its biosafety guarded technology that “uses redundant mechanisms to prevent the proliferation of our organisms outside of a chemicals & biofuels productions environment.”

Query whether Phytonix directly competes with  biobutanol industry leaders Butamax and Gevo, who have been embroiled in contentious patent litigation.

 

Meanwhile, Ion Power Group (IPG) has been busy patenting not only in the U.S. but also in Canada, China, Japan and Russia.  The energy R&D company’s IP law firm announced that IPG’s “ground-breaking” ion power plant technology is the subject of “international patents.”

The press release does not contain the patent numbers, but specific patent info can be found on the company’s patents page.

 

New Jersey-based Proterro recently announced the grant of U.S. Patent No. 8,728,783, succinctly titled “Photobioreactor” (’783 Patent).

The ’783 Patent is directed to a photobioreactor for cultivating photosynthetic microorganisms comprising a non-gelatinous, solid cultivation support suitable for providing nutrients and moisture to photosynthetic microorganisms and a physical barrier covering at least a portion of the surface of the cultivation support.

The news was picked up by Biofuels Digest.  The press release also mentions a new Mexican patent and a prior U.S. patent covering the company’s sucrose-producing cyanobacteria.

 

Of course, not all green patent PR pertains to patent grants.  Some relates to tech transfer.  In this vein, Innovative Environmental Technologies (IET) recently announces an exclusive licensing agreement with Provectus Environmental Products.

IET said the deal involves seven patents, including U.S. Patent No. 7,828,974, with the positively prolix title “The induction of reducing conditions and stimulating anaerobic process through the addition of dried micro-blue green algae and seaweed to accomplish accelerated dechlorinization of soil and groundwater contaminated with chlorinated solvents and heavy metals” and U.S. Patent No. 8,147,694, entitled “Method for the treatment of ground water and soils using mixtures of seaweed and kelp.”

The press release can be found here.

By the way, this breakdown of green patent PR subject matter – the majority being directed to patent prosecution events – is consistent with my findings on patent PR in the clean tech industry discussed here.

Six Years On, IP Impact on Green Tech Transfer Remains a Mystery

July 30th, 2014

It’s been quite a while since I’ve addressed green patents in the context of the UN Framework Convention on Climate Change (UNFCCC) and other international efforts to develop climate change policy.

A guest post by Prof. Matthew Rimmer discussed the UNFCCC Doha meeting in December 2012, and I commented on the 2010 Cancun climate change agreement.

Summarizing where we left off, most of the middle-income countries (AKA “developing” countries) together with the least developed countries (collectively,  ”G77 + China”) have taken the position that IP protections act as a barrier to development and transfer of green technologies in and to their domestic markets.

The “rich-world” countries, by contrast, advocate strong intellectual property rights and believe they facilitate green tech development, transfer, and deployment.

What is the reality?  We don’t know.

2008 report by the International Centre for Trade and Sustainable Development (ICTSD) equivocally concluded that “IP is potentially both an incentive and an obstacle to the transfer of technology.”  The report also noted that “no comprehensive study has been conducted on the impact of IP rights” in green technologies.

Half a decade later, the international community plugs on, and little has changed.

Three Working Groups of the UN’s Intergovernmental Panel on Climate Change each generated a report this year that addresses various aspects of climate change.  Working Group II’s report on Impacts, Adaptation and Vulnerability and Working Group III’s report on Mitigation of Climate Change each addresses IP issues, though the contribution to the debate is small both in volume and significance.

The report of Working Group II skates over familiar ground, stating that in many cases “patents and other intellectual property protection constrain technology transfer” but noting the opposing view that “strong IP protection in receiving countries is facilitating technology transfer from advanced countries…”  The report does say the evidence suggests that middle-income countries are benefiting from exports, foreign direct investment, and technology licensing associated with IP protection.

Working Group III’s report is similar in substance and tone, observing that IP protection can provide incentives for innovation but “also works to slow the diffusion of new technologies, because it raises their cost and potentially limits their availability.”  Elaborating on the favorable evidence on tech transfer to middle-income countries, the report says IP protection “may be necessary to limit the risk for foreign firms that transfer of their technology will lead to imitation and resulting profit erosion.”

But like the ICTSD report from six years ago, the 2014 report of Working Group III still finds insufficient data to conclusively resolve this debate:

In summary, there is inadequate evidence in the literature regarding the impact of IP policy on transfer of GHG-mitigating technologies to draw robust conclusions.

Where is the comprehensive research we need on the true impact of IP rights on green technology development and diffusion?

I’d do it if someone would fund it…

Developing Details on Our Tesla Patents

July 17th, 2014

In a prior post, I discussed the Tesla-Patent Commons.  Further to that piece and the other media attention around Elon Musk’s announcement, there have been a couple of notable follow-on lists and analyses of the Tesla patents, which now belong to all of us.

First, Envision IP published this infographic, which provides a nice breakdown of the Tesla patent portfolio.  According to their count (as of June 12, 2014), Tesla had 172 issued U.S. patents and 123 published U.S. applications.

By far the largest group is batteries & charging technology, which makes up 120 patents and 71 applications.  Motor & drive controls is next with 20 patents and 15 applications, followed by 10 patents and 4 applications directed to frame & chassis inventions.  Bringing up the rear are doors & latches, HVAC tech, and sunroofs.

Cleantechnica offers a footnote of sorts in a recent piece noting that 25 Tesla patents and applications relate to battery fire & hazard risk reduction technologies.   An example of an issued patent is U.S. Patent No. 8,445,126, entitled “Hazard mitigation within a battery pack using metal-air cells.”

I figure it’s good for us to know more details about these patents.  After all, they belong to us.

Guest Post: Can Patents Slow Climate Change? A Proposal for a Carbon Royalty

July 14th, 2014

Patents traditionally are used for the private good of the property holder. At best, the public benefits only indirectly from the resulting technology innovations. But what if patents were used directly for the public’s good, to reduce carbon emissions?

Specifically, what if one of more Green NPEs assembled and enforced a portfolio of patents to impose, in effect, a carbon royalty on moving greenhouse gases from ground to air?

Using patents to impose a carbon royalty has some fundamental advantages.

First and foremost, patents are private property and private-property owners have huge advantages in civil litigation over mere concerned citizens. For example, unlike traditional environmental civil litigation, there is no difficult “standing” hurdle to clear.

Second, patent licensing is extremely flexible, particularly given the weakened state of the “patent misuse” defense today. Once a patent-infringement suit gets a target’s attention, there is no end to the variety of licensing agreements and royalty-payment structures that can be tailored to a particular targeted practice and actor to serve both private business interests and also publicly beneficial carbon-emission-reduction goals.

For example, the Green NPE might seek an injunction under 35 U.S.C. § 271(g), against sale of bitumen-derived petroleum coke produced by the patented method, and license the patent only for use with improved petroleum coke processing techniques or equipment but not for coke derived from tar sands bitumen.

Third, despite some weakening over the past decade, patents still are monopolies with powerful exclusionary rights, and the “public interest” is a key factor courts consider when deciding whether to enjoin infringements.

What kinds of patents?

First, obviously, patents on inventions important to the offending technology. E.g., a patent covering a method or component widely used in the production or processing of bitumen-derived petroleum coke. Such patents can be enforced against selected targets to either enjoin the offending activity outright or to license it with restrictions geared toward curbing impacts on the climate.

Second, less obviously, patents on important ancillary technology, such as information technology, used by the targeted entity in connection with the targeted activity. This category includes patents on “beneficial” technologies that, e.g., decrease the emissions from a particular activity, but that companies need to use to remain competitive. These too can be enforced and licensed in ways that curb the offending activities of selected targets.

What’s needed to pursue this idea?

A network of patent attorneys, industry engineers and scientists, environmentalists, and investors. Perhaps the network would form one or more Green NPEs to build and enforce the patent portfolio, possibly in cooperation with the most progressive companies in the industry.

Comments? If you’re interested in exploring this idea please e-mail John D. Vandenberg, a patent litigator in Portland, Oregon, at patentsforthepublicgood@gmail.com.

 

John Vandenberg has been representing clients in patent litigation for more than 30 years and recently argued successfully before the U.S. Supreme Court on the issue of patent “indefiniteness.”

Clean Tech in Court: Green Patent Complaint Update, Part II

July 9th, 2014

A number of green patent complaints have been filed in the last several months in the areas of energy management software, LEDs, smart meters, vertical axis wind turbines, and wastewater treatment.  This post covers new lawsuits filed from the end of March through the end of June.

 

Energy Management Software

Intercap Capital Partners, LLC  v. BuildingIQ, Inc.

On April 3, 2014, Intercap filed a patent infringement complaint against BuildingIQ in the U.S. District Court for the District of Delaware.  Intercap asserted U.S. Patent No. 8,078,330 (’330 Patent), alleging that the BuildingIQ software of system infringes the ’330 Patent.

Entitled “Automatic energy management and energy consumption reduction, especially in commercial and multi-building systems,” the ’330 Patent is directed to methods of managing energy usage data including monitoring current energy usage of the energy consumption devices in a building, monitoring building temperature, a building humidity, a building COlevel, a weather forecast and a real-time energy price, and initiating a real-time control of each energy consumption device based on the variables in response to a forecast that a new energy usage peak is approaching.

LEDs

Honeywell International Inc. v. Cree, Inc.

Honeywell sued major LED manufacturer Cree for infringement of U.S. Patent No. 6,373,188 (’188) and Reissue Patent No. RE41,685 (a reissue of U.S. Patent No. 6,666,567).

The ’188 Patent is entitled “Efficient solid-state light emitting device with excited phosphors for producing a visible light output” and directed to and LED having a phosphor layer and a reflector means adjacent to one side of the phosphor layer for reflecting some of the radiation and light emission that exits from the phosphor layer back into the phosphor layer.

The reissue patent is entitled “Light source with non-white and phosphor-based white LED devices, and LCD assembly” and relates to a light source with an LED coupled to the floor of an optical cavity to permit light to be emitted from the base of the LED and a reflective protrusion below the LED to aid in redirecting light forward.

The complaint was filed March 31, 2014 in the U.S. District Court for the District of New Jersey.

 

Koninklijke Philips N.V. et al. v. Schreder Lighting LLC et al.

Filed May 27, 2014 in the U.S. District Court for the District of Massachusetts, Philips’ complaint asserts the following twelve LED patents:

U.S. Patent No. 6,094,014, entitled “Circuit arrangement, and signaling light provided with the circuit arrangement”

U.S. Patent No. 6,234,645, entitled “LED lighting system for producing white light”

U.S. Patent No. 6,234,648, entitled “Lighting system”

U.S. Patent No. 6,250,774, entitled “Luminaire”

U.S. Patent No. 6,513,949, entitled “LED/phosphor-LED hybrid lighting systems”

U.S. Patent No. 6,577,512, entitled “Power supply for LEDs”

U.S. Patent No. 6,586,890, entitled “LED driver circuit with PWM output”

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. 6,806,659, entitled “Multicolored LED lighting method and apparatus”

U.S. Patent No. 6,972,525, entitled “LED switching arrangement”

U.S. Patent No. 7,274,160, entitled “Multicolored lighting method and apparatus”

According to the complaint, Schreder’s floodlight, street-light, residential and urban area LED lighting products, including the Alura LED, FV32 LED, Hestia LED, Piano, Teceo, Akila, Isla LED, Modullum, Neos LED and Nemo brands for, infringe one or more of the asserted patents.

 

Smart Meters

Sensor-Tech Innovations LLC v. Texas-New Mexico Power Company

Austin, Texas-based Sensor-Tech filed a patent infringement suit against the Texas-New Mexico Power Company (TNMP) for alleged infringement of a patent related to smart meter technology.

The complaint, filed in federal court in Marshall, Texas on June 20, 2014, asserts U.S. Patent No. 6,505,086 (’086 Patent).  Entitled “XML sensor system,” the ’086 Patent is directed to a sensor sommunication system adapted to transmit a sensor data file in XML format.

According to the complaint, TNMP’s advanced metering system infringes at least three claims of the ’086 Patetn.

 

Vertical Axis Wind Turbines

SAWT Inc. et al. v. Joe Moore Construction Inc. et al.

On May 13, 2014 SAWT filed a complaint for patent infringement in federal court in Los Angeles.  SAWT has accused Joe Moore Construction, d/b/a Wind Sun Energy Systems and co-defendant Urban Green Energy of infringing U.S. Patent No. 7,967,569 (’569 Patent).

The ’569 Patent is entitled “Vertical shaft wind turbine and method of installing blades therein” and directed to a vertical shaft wind turbine wherein the airfoil of each turbine blade is an asymmetrical camber airfoil, each blade is installed with only the convex surface facing the vertical shaft, and a rotary angle of each blade is between 0 and 15 degrees.

The ’569 Patent is owned by co-plaintiff Shanghai Aeolus Windpower Technology; SAWT is a non-exclusive licensee.  This is an interesting one as it’s rare to see litigation over small (non-utility scale) wind turbines, particularly of the vertical axis type.

Wastewater Treatment

Chaffin v. Braden and LBC Manufacturing

Mark N. Chaffin, an individual, sued LBC Manufacturing for infringement of U.S. Patent No. 6,932,912, entitled “Wastewater treatment system for residential septic systems” (’912 Patent).

The ’912 Patent is directed to wastewater treatment systems and methods wherein a chlorine supply tube is in communication with a venturi chamber and in constant fluid communication a chlorine supply in a chlorine supply canister.  As recirculating pumped sewage effluent flows through the venturi chamber, chlorine from the supply canister is continuously drawn into the venturi chamber and into a recirculation pipe.

Filed April 16, 2014 in federal court in Victoria, Texas, the complaint alleges that the LBC500 liquid bleach chlorinator infringes the ’912 Patent.