Archive for the ‘IP Litigation’ category

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.

Court Holds Grid Monitoring Patents Invalid; Collecting Info is Unpatentable Abstract Idea

August 30th, 2016

A prior post reported on the litigation between Electric Power Group (EPG) and Alstom Grid.

The lawsuit, filed in the Central District of California, alleged that Alstom’s “PhasorPoint” and “e-terravision” solutions infringed U.S. Patent Nos. 8,060,2597,233,843, and 8,401,710 (EPG Patents).

The EPG Patents relate to wide-area real-time performance monitoring systems for monitoring and assessing dynamic stability of an electric power grid.

More particularly, the patents describe and claim systems and methods for performing real-time performance monitoring of an electric power grid by collecting data from multiple data sources, analyzing the data, and displaying the results.

In an opinion issued earlier this month, the U.S. Court of Appeals for the Federal Circuit held the EPG Patents invalid under Section 101 of the Patent Act for failing the test for patent eligibility.  The decision affirmed the lower court’s grant of summary judgment.

Section 101 defines the subject matter eligible for patenting and, according to the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank Int’l, “contains an important implicit exception:  Laws of natural phenomena, and abstract ideas are not patentable” concepts.

Alice set out a two-stage Section 101 inquiry for determining patent eligibility.  Stage one asks whether a patent claim is directed to one of the three non-patent eligible concepts.

If so, at stage two, the court asks whether the particular elements of the claim add enough to “transform the nature of the claim into a patent-eligible application.”

According to the Federal Circuit, because the claims of the EPG Patents are directed to collecting and analyzing information and displaying certain results of the collection and analysis, they “fall into a familiar class of claims ‘directed to” a patent-ineligible concept.”

More particularly, information is an intangible, and collecting information is an abstract idea:

[W]e have treated collecting information, including when limited to particular content (which does not change its character as information), as within the realm of abstract ideas.

Furthermore, the court found the patents’ improvement of focusing on specific content to be collected and analyzed not sufficiently innovative:

The advance [the EPG Patents] purport to make is a process of gathering and analyzing information of a specified content, then displaying the results, and not any particular assertedly inventive technology for performing those functions.  They are therefore directed to an abstract idea.

Turning to stage two of the Alice framework, the Federal Circuit did not find anything added to the claims or any limitations that would remove them from the realm of abstract ideas and make them patent-eligible.  Limiting them to the power-grid monitoring space was not enough:

Most obviously, limiting the claims to the particular technological environment of power-grid monitoring is, without more, insufficient to transform them into patent-eligible applications of the abstract idea at their core.

Much of the content of the claims of the EPG Patents, the court observed, was “devoted to enumerating types of information and information sources available within the power-grid environment.”  Merely selecting that information does not “differentiate a process from ordinary mental processes.”

According to the court, the claims did not require any inventive set of components or methods, such as measurement devices or techniques, do not generate new data, and do not invoke any inventive programming.  They also do not require anything other than off-the-shelf, conventional computer network and display technology.

Thus, the court held that the EPG Patent claims “do not state an arguably inventive concept in the realm of application of the information-based abstract ideas” and are therefore invalid.

The Federal Circuit closed its opinion with some tough words from the district court about the EPG Patents that allude to a public policy rationale for invalidating the patents:

[R]ather than claiming “some specific way of enabling a computer to monitor data from multiple sources across an electric power grid,” some “particular implementation,” they “purport to monopolize every potential solution to the problem” – any way of effectively monitoring multiple sources on a power grid.

Some might say that alone is reason to invalidate the patents.

Master of its Domain: Infringement Verdict Could Mean Dominion Dominance in Advanced Metering

August 19th, 2016

Untitled

Once in a long while a green patent lawsuit comes along that has the potential to have a major impact on a clean technology sector.

A few that come to mind are GE’s litigation with Mitsubishi involving, among others, U.S. Patent No. 5,083,039, a seminal patent on variable speed wind technology, Paice’s epic battle with Toyota over the hybrid vehicle technology used in the Prius, and the biofuels patent litigation between BP-DuPont joint venture Butamax and the advanced biofuels company Gevo.

We may have witnessed another one this summer, with the announcement last month by Dominion Voltage, Inc. (Dominion) that a jury found Alstom Grid infringed a Dominion patent relating to voltage reduction in advanced metering infrastructure.

Dominion filed an infringement complaint against Alstom Grid in January 2015 in the U.S. District Court for the Eastern District of Pennsylvania.

The asserted patents were U.S. Patent Nos. 8,577,510 and 8,437,883 (‘883 Patent), related patents each entitled “Voltage conservation using advanced metering infrastructure and substation centralized voltage control.”

The patents, one a continuation of the other, are directed to voltage control and energy conservation systems where a plurality of sensors sense voltages of the supplied electric power at distribution locations and generate measurement data based on the sensed voltages.

A voltage controller generates an energy delivery parameter based on a comparison of the measurement data received from the sensors to a controller target voltage band, and a voltage adjusting device adjusts a voltage of the electric power supplied at the supply point based on the energy delivery parameter.

If that concept seems broad to you, it is, and the folks at Greentech Media thought so too.  In this piece reporting on the lawsuit, GTM said the asserted Dominion patents “appear to hold pretty broad claim over the very idea of using distributed sensors for grid voltage management.”

According to GTM, the patented technology is embodied in Dominion’s commercial products and is pervasive in the smart meter industry today:

That’s the technology behind DVI’s EDGE control platform, now in use by utilities across the country, and using smart meters and networks from a list of vendor partners including Silver Spring Networks, Elster and Landis+Gyr.

And now at least one of the major commercial users of the technology has been found to infringe of the patents.  According to the Dominion press release, the jury in the lawsuit returned a verdict of infringement, finding the ‘883 patent valid and infringed by Alstom Grid (now owned by GE).

The jury also found that Alstom “induced infringement through the installation of its distribution management system at a customer location.”

Dominion is likely to seek an injunction to stop Alstom Grid from installing and using the infringing products.  However, these cases more often result in a license negotiated by the parties including some sort of royalty payment.

In any event, Dominion is now in a very strong position in the smart meter-enabled grid voltage control space.  According to GTM, which covered the jury verdict here, the company is the U.S. leader in this market and now “has a jury verdict to protect the technology behind that market dominance.”

Clean Tech in Court: Green Patent Complaint Upate

July 29th, 2016

A number of new green patent infringement complaints were filed in May and June in the areas of green cleaning solvents, LEDs, lighting control technology, smart thermostats, smart meters, and water meters.

 

Green Cleaning Solvents

GreenEarth Cleaning, LLC v. Kings Park Green Cleaners, LLC

This action for patent infringement, trademark infringement, and breach of contract was filed June 21, 2016 in the U.S. District Court for the Western District of Missouri.

Although the complaint lists nine patents, there is only one count of patent infringement asserting U.S. Patent No. 5,942,007 (‘007 Patent).

The ‘007 Patent is entitled “Dry cleaning method and solvent” and directed to dry cleaning methods comprising the steps of immersing clothes in a dry cleaning fluid including a cyclic siloxane composition, agitating the clothes in the composition, and then removing the cyclic siloxane composition by centrifugal action and air circulation.

According to the Abstract of the ‘007 Patent, the “cyclic-siloxane-based solvent allows the system to result in an environmentally friendly process which is, also, more effective in cleaning fabrics and the like than any known prior system.”

GreenEarth alleges that Kings Park, which had a license from GreenEarth, continues to use liquid silicone as a dry cleaning solvent though it is no longer a licensee.

 

LEDs

Lighting Science Group Corporation v. Hubbell Inc. et al.

Lighting Science Group Corporation v. American De Rosa Lamparts, LLC

Lighting Science filed both of these lawsuits in federal court in Orlando, Florida on June 21, 2016.

Both complaints assert 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.

Hubbell’s “Surface Mount” family of products are the subject of the Hubbell complaint, and the American De Rosa complaint lists the F9908-30, F9901-30-1, F9904-30-1, and F9906-30-1 products.

 

Nichia Corporation v. Mary Elle Fashions, Inc.

Nichia Corporation v. Lowe’s Companies, Inc.

Nichia Corporation v. Feit Electric Company, Inc.

These three actions, filed June 13, 2016, accuse each defendant of infringing 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 Mary Elle Fashions complaint lists as accused products the Meridian CFL Plus and the LED Night Light, the Lowe’s complaint lists the Utilitech Pro 24-in Strip Light and LED Bulb, and the Feit Electric complaint lists the BPOM60/830/LED Bulb and the LG2560/CL/LEDG2 Bulb.

 

DeNovo Lighting, LLC v. Norman Lamps, Inc.

DeNovo sued Norman Lamps for alleged infringement of U.S. Patent No. 8,729,809, entitled “Voltage regulating devices in LED lamps with multiple power sources” (‘809 Patent).

The ‘809 Patent is directed to an LED lamp having three voltage reducing devices, a voltage regulating circuit for providing linear current, the circuit not dependent on a voltage or electromagnetic induction power;,and at least two LEDs connected in series across the voltage regulating circuit.

The complaint, filed June 7, 2016 in the U.S. District Court for the Northern District of Illinois, alleges that Norman’s Hybrid T8 lamps infringe the ‘809 Patent.

 

Philips Lighting North America Corporation et al. v. ikan Int’l, LLC

Philips has asserted more of its LED patents, this time against iKan in the U.S. District Court for the District of Massachusetts.

In a complaint filed May 31, 2016, Philips accused iKan of infringing the following patents:

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. 7,180,252, entitled “Geometric panel lighting apparatus and methods”

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

The accused products include various bi-color flood lights including the iLED 144, iLED 312-v2, IB-508-v2, StudioPRO 600, and Multi-K XL products.

 

Golight, Inc. v. Oracle Lighting, L.L.C.

Filed May 19, 2016 in the U.S.District Court for the District of Colorado, Golight’s lawsuit asserts U.S. Patent No. 9,255,687, entitled “LED system and housing for use with halogen light fixtures” (‘687 Patent).

The complaint alleges that Oracle’s 20W 4D Optic LED Square Spot and and 50 W LED portable search lights infringe the ‘687 Patent.

The ‘687 Patent is directed to an optical projection lens for mounting in front of LEDs.  The lens has a plurality of protrusions of varying thickness wherein the outermost edges of each protrusion has the thickest measurement, the center of each protrusion has the thinnest measurement, and the protrusions merge individual beams of light into a single beam of light.

 

LEDsOn et al. v. Qtran, Inc.

In an action for design patent infringement, LEDsON sued QTran,  on May 3, 2016 in the U.S. District Court for the Northern District of Illinois.

The patents-in-suit are:

U.S. Design Patent No. D649,683, entitled “Extrusion for LED-based lighting apparatus”

U.S. Design Patent No. D649,684, entitled “Extrusion for LED-based lighting apparatus”

U.S. Design Patent No. D649,681, entitled “Extrusion for LED-based lighting apparatus”

The accused products are QTran’s IQA-RECD, IQA-45DN, and IQA-Flat LED-based lighting apparatus.

Smart Thermostats

FTC Sensors, LLC v. ecobee Inc.

In this action, filed in federal court in Marshall, Texas on June 1, 2016, FTC Sensors asserts three related sensor and transmission control patents.

According to the complaint, ecobee’s smart thermostat devices, including the Ecobee3 Thermostat, contain systems that infringe the three patents.

Each entitled “Sensor and transmission control circuit in adaptive interface package,” the patents are U.S. Patent Nos. 7,397,369, 7,696,870, and 8,421,621 (“Sensor Patents”).

The Sensor Patents are directed to a sensor system with a plurality of sensor modules. In a first mode, a linear voltage regulator provides a relatively small amount of power which allows a sensor module to output a signal responsive to detecting an environmental condition.

The interface module can switch the linear voltage regulator to a second mode in which the linear voltage regulator ramps up the amount of power provided to a detecting sensor module. The sensor module can then provide a level indicative of a concentration or intensity of the environmental condition. If the level surpasses a predetermined threshold, the sensor pack can output an alert signal to security server.

Smart Meters

TransData, Inc. v. CenterPoint Energy Houston Electric, LLC et al.

TransData has sued another utility, once again in federal court in Tyler, Texas on May 11, 2016.

The now-familiar (see previous posts, e.g., here and here) asserted patents are U.S. Patent Nos. 6,181,294 (‘294 Patent)and 6,462,713 (‘713 Patent), each entitled “Antenna for Electric Meter and Manufacture Thereof.”  The third patent, U.S. Patent No. 6,903,699, entitled “Wireless Communication Device for Electric Meter and Method of Manufacture Thereof,” is a continuation-in-part of ‘713 and continuation of ‘294.

These patents describe an electric meter capable of bi-directional communication over a wireless network.  The meter is equipped with wireless communication circuitry and an antenna allowing the meter to wirelessly send usage data to a remote location and wirelessly, receive operational instructions from the remote location.

The complaint lists as accused products the Itron OpenWay Centron electric meter, the Landis+Gyr Focus AX electric meter, the General Electric I-210c electric meter, and the General Electric kV2c electric meter.

 

Water Meters

Badger Meter, Inc. v. Sensus USA Inc.

Sensus USA Inc. v. Badger Meter, Inc.

In a game of dueling lawsuits, Sensus filed a complaint on June 16, 2016 against Badger seeking a declaratory judgment of non-infringement of U.S. Patent No. 8,539,827 (‘827 Patent), and Badger sued Sensus a week later alleging infringement of the ‘827 Patent.

Sensus sued in the U.S. District Court for the Northern District of California while Badger filed its complaint in the U.S. District Court for the Eastern District of Wisconsin.

The Badger complaint alleges that Sensus’s Ally water meter infringes the ‘827 Patent, entitled “Water meter with integral flow restriction valve.

The ‘827 Patent is directed to a water meter and a flow control valve housed in a common pressure vessel, in which the flow control valve restricts flow through a metering chamber to less than the normal flow, while still permitting a flow sufficient for basic human needs, rather than completely interrupting supply of the utility.

Lighting Controls

SIPCO, LLC v. Acuity Brands, Inc. et al.

Filed June 23, 2016 in the U.S. District Court for the District of Delaware, the SIPCO complaint asserts six patents against Acuity.

SIPCO alleges that Acuity’s XPoint Wireless sensors and controllers infringe the patents.

The patents-in-suit are U.S. Patent Nos. 8,013,7327,697,4927,468,661, 6,437,692, 6,914,893, and 7,103,511, which relate to remote monitoring and control systems.

Court Finds BU Delay OK in LED Patent Infringement Suit

June 17th, 2016

BU

Previous posts, e.g., here and here, reported on Boston University’s LED patent enforcement activity.  A recent decision handed down by a Massachusetts federal court hearing infringement lawsuits against Epistar and Everlight Electronics made an interesting ruling on the defense of laches.

Laches is neglect or delay in bringing suit which causes harm to the adverse party.  A successful laches defense acts as an equitable bar on the plaintiff’s claim or can limit the time period for potential damages, reducing a defendant’s financial exposure.  One key question in a laches inquiry is when the plaintiff knew about a defendant’s infringement; plaintiff’s knowledge of infringement can start the laches period.

Accused of infringing U.S. Patent No. 5,686,738 (‘738 Patent), defendants Epistar and Everlight asserted the defense of laches, arguing that BU unreasonably delayed bringing suit against them, and the delay caused them economic prejudice.

The ‘738 Patent is entitled “Highly insulated monocrystalline gallium nitride thin films” and is directed to gallium nitride semiconductor devices and methods of preparing highly insulating GaN single crystal films in a molecular beam epitaxial growth chamber.

The laches issue was complicated by a timeline dating back to 2001 during which multiple parties, including predecessors of the defendants, were involved in selling allegedly infringing products and other parties licensed the ‘738 Patent.

In March 2001, BU and Cree entered into an exclusive license agreement, which required Cree to enforce the ‘738 Patent against infringers, but did not require Cree to bring more than one infringement suit at a time.  BU and Cree ended that arrangement in January 2012, and BU took back control of the ‘738 Patent.

According to the court decision, BU was aware of infringement as early as April 2002, when BU’s head of licensing wrote in an internal draft presentation that United Epitaxy was infringing the ‘738 Patent.  United Epitaxy (UE) merged with Epistar in 2005, and there is no evidence that Epistar continued to make UE products after the merger.

Epistar pointed to this knowledge of possible infringement by Epistar’s predecessor company UE to assert a “tacking” theory of laches, i.e., they urged the court to tack together the full period of time from the 2012 filing date of the lawsuit all the way back to BU’s knowledge of UE’s potential infringement in 2002.

However, Epistar could not show that the predecessor products the same or similar to the accused products in this case, so the court rejected the tacking argument:

Because Epistar failed to provide sufficient evidence that its predecessors’ products were the same or similar to the accused products in this case . . . Epistar’s “tacking argument fails.

The court found Cree was not aware of Epistar’s infringement until October 2010, which was a short enough period before BU brought the lawsuit that laches did not apply.

Everlight, on the other hand, succeeded in its tacking argument.  In May 2004, Cree accused Fairchild Semiconductor of infringing the ‘738 Patent; at that time, Everlight was making LED products for Fairchild based on Fairchild’s specifications.  In 2006, Everlight purchased Fairchild’s LED business assets.

The court therefore found tacking of infringement knowledge back to 2004 for Everlight and a presumption of laches:

[T]his Court finds that Everlight is the “successor-in-interest” to Fairchild’s LED business.  Because Everlight has satisfied the requirements for “tacking” and Cree knew of the Fairchild-Everlight LED business purchase in 2006, this Court finds that Cree’s knowledge of Everlight’s infringing activity “tacks” back to 2004, more than six years before BU filed this suit.  Therefore, the presumption of laches applies with respect to Everlight.

Although the 8-year period from 2004 to the lawsuit filing date in 2012 was reduced somewhat due to other factors, the court went on to find two sub-periods of time unreasonable:

[G]iven BU’s failure to provide any acceptable excused for the periods from May 2004 to September 2006, and from March 2009 to October 2012, BU has failed to rebut the presumption of laches and Everlight has proven that these delays were unreasonable.

But that wasn’t the end of the story; Everlight still had to show material economic prejudice as a result of BU’s unreasonable delay in bringing suit.

And that they failed to do.  Everlight could not provide the actual percentage of its costs directly attributable to designing packages for Epistar’s infringing LED chips or the economic impact of altering its production processes.

Everlight argued it could have stopped purchasing Epistar LED chips if BU had sued earlier.  However, Everlight had very close ties with Epistar, including holding $100 million in Epistar stock, such that any reduction in Epistar’s profits would have economically harmed Everlight.  Epistar also provided Everlight with its non-infringement analysis and denied infringement.

Accordingly, the court was not convinced that, had BU sued sooner, Everlight would have avoided infringement liability by ceasing its purchase of Epistar LED chips and altering its LED package design:

This Court finds it unlikely that, had BU sued earlier, Everlight – with its close ties to Epistar, Epistar’s noninfringement and invalidity analysis, and its indemnity agreement – would have ceased purchasing Epistar chips and altered its LED package design based on such a small percentage of its total worldwide sales.  Because Everlight has failed to prove a nexus between BU’s delay in filing suit and any economic prejudice, this Court finds for the plaintiff on the issue of laches with respect to Everlight.

Thus, the court went on to award BU $9.3 million in damages from Epistar and $4 million from Everlight, plus prejudgement and post judgement interest from both parties.

Clean Tech in Court: Green Patent Complaint Update

May 17th, 2016

March and April saw a big uptick in green patent lawsuits filed, mostly driven by LED actions.  The suits were in the areas of energy storage, LEDs, and smart grid.

 

Energy Storage

Praxair, Inv. v. Air Liquide Large Industries U.S. LP

Connecticut based Praxair sued rival Air Liquide for infringement of a patent relating to underground hydrogen storage.

Filed in federal court in Beaumont, Texas, the complaint alleges that Air Liquide’s operation of its Spindletop hydrogen storage cavern infringes U.S. Patent No. 8,690,476 (‘476 Patent).

The ‘476 Patent is entitled “Method and system for storing hydrogen in a salt cavern with a permeation barrier” and directed to a method and system for storing high purity hydrogen in a salt cavern without seepage or leakage by creating a permeation barrier along the salt cavern walls.

LEDs

Lighting Science Group Corporation v. Nicor, Inc.

Lighting Science Group Corporation v. Globalux Lighting LLC

Lighting Science Group Corporation v. EEL Company 

Lighting Science Group Corporation v. Panor Corporation

Lighting Science Group Corporation v. S E L S, Inc.

Lighting Science Group Corporation v. Sunco Lighting, Inc.

Lighting Science Group (LSG) continued its patent enforcement activity, filing six new infringement lawsuits, all in the U.S. District Court for the Middle District of Florida.

The complaint against Nicor was filed March 10, 2016.  The rest were filed on April 21, 2016 against Globalux Lighting (Lighting Science Group Corporation v. Globalux Lighting LLC), EEL Company (Lighting Science Group Corporation v. EEL Company, Ltd.), Panor Corporation (Lighting Science Group Corporation v. Panor Corporation), S E L S (Lighting Science Group Corporation v. S E L S, Inc.), and Sunco Lighting (Lighting Science Group Corporation v. Sunco Lighting, Inc.).

Each complaint asserts at least two of the following 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.

 

Fiber Optic Designs, Inc. v. Holidynamics, Inc. et al.

Fiber Optic Designs (FOD) sued Holidynamics and Anewalt’s Lawn & Landscape March 10, 2016 in U.S. District Court for the Eastern District of Pennsylvania.

The complaint alleges that Holidynamics’ M8, C6, T5, and 5MM (WA) LED Light Sets infringe three FOD patents relating to LED light strings.

The patents-in-suit are U.S. Patent Nos. 7,220,022 (‘022 Patent) and 7,934,852 (‘852 Patent) both entitled “Jacketed LED assemblies and light strings containing the same,” as well as U.S. Patent No. 7,377,802, entitled “Plug and cord connector set with integrated circuitry” (‘802 Patent).

The ‘022 and ‘852 Patents are directed to jacketed light emitting diode assemblies and a waterproof light string including an electrical wire set connected to positive and negative contacts.  A light transmissive cover receives the lens body, and an integrally molded plastic jacket at the opening of the light transmissive cover provides a seal against moisture and airborne contaminants.

The ‘802 Patent is directed to a combination connector assembly and LED lighting chain that includes integrated circuitry for use with decorative lighting products. The integrated circuitry serves to reduce or limit current, provide full-wave AC to DC rectification, provide overload protection, reduce voltage, protect against voltage spikes, and add blinking or flashing functions.

 

Seoul Viosys Co. v. Salon Supply Store LLC

On March 18, 2016, Seoul Viosys filed a patent infringement lawsuit against Salon Supply Store in the U.S. District Court for the Southern District of Florida.

The complaint asserted five LED patents:

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”

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

U.S. Patent No. 9,041,032, entitled “Light emitting diode having strain-enhanced well layer”

U.S. Patent No. 9,224,935, entitled “Light emitting diode package”

U.S. Patent No. 8,680,559, entitled “Light emitting diode having electrode extensions for current spreading”

The accused products include Salon’s Edge Medium Round LED Curing Lamp MAN-LED-TP27 and the 18W Salon Edge Curing Lamp Dryer Timer MAN-LED-TP35B.

 

Nichia Corporation v. Vizio, Inc. (E.D. Tex.)

Nichia Corporation v. Vizio, Inc. (C.D. Cal.)

Nichia filed two infringement suits against Vizio in March, one in the Eastern District of Texas, the other in the Central District of California.  In both cases, the technology at issue is LED-backlit televisions.

The Texas complaint, filed March 21, 2016, asserted U.S. Patent No. 8,530,250, entitled “Light emitting device, resin package, resin-molded body, and methods for manufacturing light emitting device, resin package and resin-molded body.”

The accused product is Vizio’s D-Series 28″ Class Full-Array LED TV D28h-C1.

The California complaint was filed on March 23rd and asserted four patents:

U.S. Patent No. 7,901,959, entitled “Liquid crystal display and back light having a light emitting diode”

U.S. Patent No. 7,915,631, entitled “Light emitting device and display”

U.S. Patent No. 8,309,375, entitled “Light emitting device and display”

U.S. Patent No. 7,855,092, entitled “Device for emitting white-color light”

The accused products are Vizio’s D-Series 28″ Class Full-Array LED TV D28h-C1 and E-Series 60″ Class Full Array LED Smart Television E60-C3.

 

LEDsON et al. v. Vision Light Worx, Inc.

In an action for design patent infringement, LEDsON sued Vision Light Worx on March 23, 2016 in the U.S. District Court for the Central District of California.

The patents-in-suit are:

U.S. Design Patent No. D651,739, entitled “Extrusion for LED-based lighting apparatus”

U.S. Design Patent No. D649,683, entitled “Extrusion for LED-based lighting apparatus”

U.S. Design Patent No. D649,684, entitled “Extrusion for LED-based lighting apparatus”

U.S. Design Patent No. D649,680, entitled “Extrusion for light emitting diode based lighting apparatus”

U.S. Design Patent No. D649,681, entitled “Extrusion for LED-based lighting apparatus”

U.S. Design Patent No. D649,682, entitled “Extrusion for LED-based lighting apparatus”

 

Ultravision Technologies, LLC v. Lamar Advertising Company et al.

In this lawsuit, Ultravision asserted four LED patents against Lamar Advertising and related companies as well as Irvin International.

Filed in federal court in Marshall, Texas on April 7, 2016, the complaint alleges that Lamar’s billboards and other outdoor advertising structures infringe the following patents:

U.S. Patent No. 8,870,410, entitled “Optical panel for LED light source”

U.S. Patent No. 8,870,413, entitled “Optical panel for LED light source”

U.S. Patent No. 9,212,803, entitled “LED light assembly with three-part lens”

U.S. Patent No. 9,234,642, entitled “Billboard with light assembly for substantially uniform illumination”

In addition to patent infringement, Ultravision asserts claims for breach of contract and misappropriation of trade secrets.

 

Tseng v. Skechers U.S.A., Inc.

An individual, Shen Ko Tseng, sued Skechers for alleged infringement of a patent relating to circuits for electronically controlling multiple LEDs and causing the LEDs to flash in predetermined lighting patterns.

The patent-in-suit is U.S. Patent No. 7,500,761, entitled “Circuit device for controlling a plurality of light-emitting devices in a sequence” (‘761 Patent).

The complaint alleges that certain Skechers LED illuminated shoes, including the Magic Lites line of footwear, infringe the ‘761 Patent.

 

RAB Lighting Inc. v. ABB Lighting, Inc. et al.

In another (mostly) design patent infringement suit, RAB has accused ABB, GenerPower, and GP Energy of infringing eight LED lighting design patents and one utility patent.

The asserted patents are:

U.S. Patent No. D547,484, entitled “Light fixture”

U.S. Patent No. D569,029, entitled “Light fixture”

U.S. Patent No. D691,320, entitled “Slim wallpack light fixture”

U.S. Patent No. D690,453, entitled “High bay LED light fixture”

U.S. Patent No. D579,141, entitled “Area light”

U.S. Patent No. D612,975, entitled “Square step light”

U.S. Patent No. D643,147, entitled “LED flood light”

U.S. Patent No. D747,534, entitled “Canopy LED light fixture with fins”

U.S. Patent No. 9,273,863, entitled “Light fixture with airflow passage separating driver and emitter”

The accused products include, inter alia, the LED Parking Garage Light, LED Canopy Light, LED Security Light, LED Slim Wall Light, and LED Wall Pack.

 

Lynk Labs, Inc. v. Schneider Electric USA

Filed April 25, 2016 in the U.S. District Court for the Northern District of Illinois, Lynk Labs’ complaint alleges that Schneider Electric is infringing three patents relating to LED circuits and drivers.

Specifically, Lynk Labs asserts infringement of U.S. Patent Nos. 8,148,905 (‘905 Patent) and 8,531,118 (‘118 Patent), both entitled “AC light emitting diode and AC LED drive methods and apparatus,” and 8,841,855, entitled “LED circuits and assemblies” (‘855 Patent).

The accused products are the Low Voltage Trac Systems manufactured and sold by Schneider and a company called Juno Lighting, which Lynk Labs sued separately for infringement last year.

 

Smart Grid

Endeavor MeshTech, Inc. v. Ericsson, Inc. et al.

Endeavor MeshTech (a wholly-owned subsidiary of patent monetization firm Endeavor IP) sued Ericsson in the U.S. District Court for the Southern District of New York on March 24, 2016.

The complaint accuses Ericsson of infringing three patents in a family – U.S. Patent Nos. 7,379,981 (‘981 Patent),  8,700,749 (‘749 Patent), and 8,855,019 (‘019 Patent), each entitled “Wireless communication enabled meter and network.”

The patents-in-suit relate to a self-configuring wireless network including a number of vnodes and VGATES.

The accused products and services are Ericsson’s SGN 3200 family of communication products including the SGN 3200 Smart Grid Node, the SGN 3260 Smart Grid Indoor Mini Node, the SGN 3280, Smart Grid Micro Node, the Smart Grid Node Manager, and the Smart Grid Node Manager Single Server.

 

Smart Meter Technologies, Inc. v. Duke Energy Corporation

Filed March 31, 2016 in the U.S. District Court for the District of Delaware, in this lawsuit (Smart Meter Technologies, Inc. v. Duke Energy Corporation) Smart Meter Technologies accuses Duke Energy of infringing U.S. Patent No. 7,058,524 (‘524 Patent) by distributing and installing advanced power meters.

The ‘524 Patent is entitled “Electrical power metering system” and directed to a wireless electrical power metering system including a processor having a multichannel power line transceiver, a wireless transceiver, and a power meter which measures power consumption information on a power line inductively coupled with the power meter.

The processor converts the power consumption information into IP-based data, and transmits same over the wireless transceiver to a remote monitoring station or across the internet for storage, analysis, and billing. The processor generates appliance control signals and generates same across the multichannel power line transceiver to remotely control appliances in response to power consumption trends.

 

Varentec, Inc. v. GridCo, Inc.

Varentec filed a patent infringement suit against GridCo on April 1, 2016 in the U.S. District Court for the District of Delaware.

The complaint alleges that GridCo’s SVC power management products infringe U.S. Patent Nos. 9,293,922 (‘922 Patent) and 9,014,867 (‘867 Patent).

The ‘922 and ‘867 Patents are entitled “Systems and methods for edge of network voltage control of a power grid” and directed to systems comprising a distribution power network, a plurality of loads, and a plurality of shunt-connected, switch-controlled VAR sources.  The shunt-connected, switch-controlled VAR sources may be located at the edge or near the edge of the distribution power network where they may each detect a proximate voltage.

The processor may be configured to enable the VAR source to determine whether to enable a VAR compensation component based on the proximate voltage and to adjust network volt-ampere reactive by controlling a switch to enable the VAR compensation component.

 

Paice Goes Straight to the Border with Patent Complaint Against VW

May 3rd, 2016

l_paice

Over the years this blog has covered important patent litigation and settlements involving hybrid vehicle technology company Paice and some major automakers, including Hyundai/Kia, Toyota, and Ford (see, e.g., the Ford post here).

Paice has notched up some big wins, including a $28.9 million jury award against Hyundai and Kia and a $4.3 million jury award against Toyota, and has and entered into at least three license agreements:  recently with Hyundai and Kia, with Ford, and back in 2010 with Toyota.

Although these cases have been litigated in various forums through the years, Paice was forced to make a tactical shift in venue selection after the U.S. Supreme Court’s eBay v. MercExchange decision in 2006.

In eBay the Supreme Court reversed the U.S. courts’ long-standing practice of automatically issuing an injunction upon a finding of patent infringement and instead held that the traditional four-factor equitable test for injunctive relief must be analyzed in each case brought under the patent statute.

The eBay decision came down just as the Paice-Toyota trial court was deliberating Paice’s motion for an injunction against Toyota.  With the trial court suddenly bound to analyze the four injunction factors, it refused to grant an injunction, instead awarding Paice an ongoing royalty of $25 per infringing vehicle (a figure that was later raised to $98 per vehicle).

So Paice turned to the U.S. International Trade Commission (ITC) to seek an exclusion order that would have banned importation of infringing vehicles.

The ITC is a federal agency that investigates trade and importation issues, including conducting quasi-judicial proceedings involving alleged infringement of intellectual property rights by importation of accused products pursuant to 19 U.S.C. § 1337 (Section 337).

It is a popular forum for patentees (though only injunctive relief is available, not monetary damages) because the proceedings progress much faster than those in the federal courts.

Also, critically for Paice and other non-practicing entities, the ITC is not bound by the eBay decision, which governs injunctive relief analysis under the patent statute, not Section 337 trade law (for a detailed review of the effect of eBay and the ITC on clean tech patent litigation see my article here).

Facing the very real prospect of an import ban, Toyota came to the negotiating table and, settled the suit, and entered into a licensing deal with Paice.

Which brings us to the latest news and the subject of this post.  Paice recently went back to the border and filed a complaint against Volkswagen (together with Porsche and Audi), asking the ITC to investigate alleged infringement of U.S. Patent Nos. 7,237,634, 7,104,347, and 8,214,097.

The three related patents are entitled “Hybrid vehicles” and cover hybrid electric vehicles utilizing an internal combustion engine with series parallel electric motors, regenerative braking, and control circuitry.

The Paice technology, developed back in the 1990s, is called the Hyperdrive System and provides seamless switching between power from an electric motor and an internal combustion engine.

The accused products listed in the complaint are the VW Jetta Hybrid, the Audi Q5 Hybrid, the Audi A3 e-tron Hybrid, the Porsche S E-Hybrid, and the Porsche Panamera S E-Hybrid.

The Paice complaint requests a permanent limited exclusion order that would stop the allegedly infringing hybrid vehicles and components from entering the United States.

It remains to be seen whether Volkswagen, like the other automakers, will determine that it is in its best interest to take a license to Paice’s hybrid vehicle patents.

Clean Tech in Court: Green Patent Complaint Update

March 15th, 2016

A number of new patent infringement lawsuits were filed in January and February in the areas of electric vehicle charging, LEDS, smart grid, and solar battery phone cases.

 

Electric Vehicle Charging

Technology for Energy Corporation v. Hardy et al.

In a lawsuit against a former employee, Technology for Energy alleges various breach of contract claims, breach of an employment agreement, and requests a declaratory judgment of patent invalidity and unenforceability.  The complaint was filed February 22, 2016 in federal court in Knoxville, Tennessee.

The patent at issue is U.S. Patent No. 9,020,771, entitled “Devices and methods for testing the energy measurement accuracy, billing accuracy, functional performance and safety of electric vehicle charging stations” (‘771 Patent).

The ‘771 Patent is directed to an instrument for testing electric vehicle charging stations (EVCS).  Energy delivery from the EVCS to the load is monitored by the instrument to determine energy measurement and billing accuracy of the EVCS.

 

LEDs

Harvatek Corporation v. Cree, Inc.

This is the third lawsuit between these two LED makers involving white LED lighting technology (see previous posts here and here).

Filed January 26, 2016 in the U.S. District Court for the Central District of California, Harvatek’s complaint accuses Cree of infringing U.S. Patent No. 6,841,934 (‘934 Patent).

The ‘934 Patent is entitled “White light source from light emitting diode” and is directed to an LED white light source that emits short wavelength color light.  The LED has a split metal substrate and a fluorescent glue that covers the LED chip and converts the short wavelength color light into white light.

Harvatek alleges that Cree’s CLM1 Series LED products infringement the ‘934 Patent.

 

Lighting Science Group Corporation v. Sea Gull Lighting Products LLC et al.

Lighting Science Group Corporation v. Hyperikon, Inc.

Lighting Science Group Corporation v. U.S.A. Light & Electric, Inc.

Lighting Science Group (LSG) filed three patent infringement lawsuits in late February, all in federal court in Orlando.

The complaint against Sea Gull was filed February 25, 2016 and asserts U.S. Patent No. 8,201,968 (‘968 Patent) and U.S. Patent No. 8,967,844 (‘844 Patent).  The accused products are Sea Gull’s Traverse Collection and Traverse II Collection products.

The complaint against Hyperikon was filed February 26, 2016 and alleges that Hyperikon’s LED Downlight products infringe the ‘844 Patent and U.S. Patent No. 8,672,518 (‘518 Patent).

Also filed February 26, 2016, the complaint against U.S.A. Light & Electric asserts the ‘968, ‘844, and ‘518 Patents and alleges that the defendant’s Recessed LED Downlight products infringe the patents-in-suit.

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.

 

Lexington Luminance LLC v. Samsung Electronics Co. et al.

In a complaint filed February 25, 2016 in federal court in Marshall, Texas, Lexington Luminance accused Samsung 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 complaint lists a host of Samsung products including a number of Galaxy smartphones.

 

Smart Grid

Endeavor MeshTech, Inc. v. Rajant Corporation

Endeavor MeshTech (a wholly-owned subsidiary of patent monetization firm Endeavor IP) sued Rajant in the U.S. District Court for the Eastern District of Pennsylvania on January 4, 2016.

The complaint accuses Rajant of infringing three patents in a family – U.S. Patent Nos. 7,379,981 (‘981 Patent),  8,700,749 (‘749 Patent), and 8,855,019 (‘019 Patent), each entitled “Wireless communication enabled meter and network.”

The patents-in-suit relate to a self-configuring wireless network including a number of vnodes and VGATES.

The accused products and services include Rajant’s BreadCrumb Wireless Nodes, InstaMesh Networking Technology, CacheCrumb, and Mesh Antennas.

 

Dipl.-In. H. Horstmann GmbH v. Smart Grid Solutions, Inc.

Horstman, a German company, filed this lawsuit against Smart Grid Solutions (SGS) in federal court in Atlanta, Georgia.

Filed on January 12, 2016, the complaint accuses SGS of trade dress infringement and various deceptive trade practices, as well as infringement of U.S. Patent No. D578,478 (‘478 Patent), a design patent entitled “Fiber optic cable.”

The ‘478 Patent protects Horstmann’s fiber optic cable design with each end including a semi-transparent curved end attached to the cable and a ribbed segment terminating at a flange.

Horstman alleges that SGS’s E-Scout FI-3C Underground Fault Indicator product infringes the ‘478 Patent.

 

JSDQ Mesh Technologies LLC v. Teco Energy, Inc. et al.

On February 2, 2016, JSDQ filed suit against Teco Energy and Tampa Electric Company, alleging infringement of four patents relating to wireless routing systems used in smart grid networks.

The patents-in-suit are U.S. Patent Nos. 7,286,828 and 7,916,648, both entitled “Method of Call Routing and Connection,” RE43,675 entitled “Wireless Radio Routing System,” and RE44,607 entitled, “Wireless Mesh Routing Method.”

JSDQ alleges that Teco and Tampa Electric infringe the patents-in-suit because of their deployment of wireless mesh networking systems that incorporate Trilliant’s SecureMesh broadband mesh network.

JSDQ filed a similar infringement suit against Silver Spring and Pepco in September last year.

 

Solar Battery Phone Cases

iPowerUp Inc. v. Ascent Solar Technologies, Inc.

iPowerUp sued Ascent Solar Technologies (AST) for alleged infringement of two patents relating to solar battery charging cases for mobile phones.

The complaint was filed February 12, 2016 in the U.S. District Court for the Central District of California.

The asserted patents are U.S. Patent No. 8,080,975, entitled “Portable and universal hybrid-charging apparatus for portable electronic devices” (‘975 Patent) and U.S. Patent No. 8,604,753, entitled “Method of distributing to a user a remedy for inadequate battery life in a handheld device” (‘753 Patent).

The ‘975 Patent is directed to a modular hybrid-charger assembly comprising a rechargeable internal battery connected to a port operable to function as a tetherless connection to a portable electronic device and a device holder having a framework operable to receive, hold, and release the portable electronic device.  The ‘753 Patent claims methods relating to use of the hybrid-charger assembly of the ‘975 Patent.

The accused products are AST’s Enerplex Surfr and Enerplex Surfr Amp cases for the iPhone 6/6s and the Enerplex Surfr for iPhone 5/5s.

Paice Licenses Hybrid Vehicle Patents to More Big Automakers

February 2nd, 2016

l_paice

In another big success for Paice, the hybrid vehicle technology company recently reached an agreement to license all of its tech to Hyundai and Kia.

This comes after a Baltimore jury found that the Korean automakers owed Paice $28.9 million in damages for infringing three patents relating to hybrid electric vehicles: U.S. Patent Nos. 7,237,634, 7,104,347, and 7,559,388.  All three patents are entitled “Hybrid vehicles” .

Paice has been an extremely successful non-practicing entity, using patent litigation in the federal courts and the U.S. International Trade Commission to bring major automakers to the negotiating table.

In 2010 the company settled major patent litigation with Toyota over the Prius and other hybrid models when the Japanese automaker licensed all of Paice’s patents.  Also that year, Paice and Ford became embroiled in patent litigation over hybrid vehicles.

According to the company’s press release about the Kia/Hyundai deal:

Paice has now licensed all or part of its hybrid vehicle technology portfolio to Toyota, Hyundai/Kia, and Ford – three of the world’s six largest automakers.  These three companies currently account for 90% of all hybrid vehicle sales in the United States.

Does all this litigation and licensing make Paice one of the oft-maligned “patent trolls?”  I think not.

The company should not be put in that category for a couple of reasons.  First, the founder of the company and inventor of the technology, Alex Severinsky, is a true innovator and pioneer, having invented much of Paice’s technology at least as early if not earlier than the large automakers.

Most of the patent assertion entities we think of as trolls are not innovators, but instead buy patents to assert in litigation and offer to license.

Second, Paice made genuine efforts at ex ante licensing.  That is, the company approached Toyota with offers to license its technology before any hybrid vehicles were ever sold.

This is in contrast to the business model of acquiring and asserting patents, with licensing offers, after the allegedly infringing products have been manufactured and racked up lots of sales (ex post licensing).

Paice’s success is not a surprise when one understands the power of its patents.  A 2010 report by a patent analytics firm called Ambercite analyzed 58,000 hybrid car patents and their interrelationships using network patent analysis methodology and found Paice’s portfolio to be the strongest, better than all major car manufacturers’ hybrid car patents.

Clean Tech in Court: Green Patent Complaint Update

January 26th, 2016

A number of green patent complaints were filed in November and December of 2015 in the areas of LEDs, smart grid, and water treatment.

 

LEDs

Bluestone Innovations LLC v. Ace Hardware Corporation

Bluestone Innovations LLC v. Bulbrite Industries, Inc.

Bluestone Innovations LLC v. FEIT Electronic Co.

Bluestone Innovations LLC v. G7 Corporation

Bluestone Innovations LLC v. Ikea North America Services LLC

Bluestone Innovations LLC v. Lowe’s Companies, Inc.

Bluestone Innovations LLC v. Philips Electronics North America Corp.

Bluestone Innovations LLC v. Technical Consumer Products, Inc.

Bluestone Innovations LLC v. TigerDirect, Inc.

Bluestone Innovations LLC v. Torchstar Corp.

Bluestone Innovations LLC v. Ushio America, Inc.

Bluestone Innovations LLC v. Wayfair LLC

Bluestone Innovations LLC v. Westinghouse Lighting Corp.

Bluestone Innovations fired off thirteen complaints against a host of LED manufacturers and retailers on November 30, 2015.  All were filed in the U.S District Court for the Northern District of California (most, if not all, in San Francisco).

Some representative complaints can be viewed here:  Bluestone Innovations LLC v. Ace Hardware CorporationBluestone Innovations LLC v. Bulbrite Industries, Inc.Bluestone Innovations LLC v. FEIT Electronic Company, Inc.Bluestone Innovations LLC v. G7 Corporation

Bluestone asserted infringement of U.S. Patent No. 6,163,557 (‘557 Patent).  The ‘557 Patent is entitled “Fabrication of group III-V nitrides on mesas” and directed to group III-V nitride films fabricated on mesas patterned either on substrates such as sapphire substrates or on group III-V nitride layers grown on substrates. The mesas provide reduced area surfaces for epitaxially growing group III-V nitride films to reduce thermal film stresses in the films to minimize cracking.

The accused products are various brands and models of LED lightbulbs with group III-V nitride epitaxial films.

 

Smart Grid

Endeavor Meshtech, Inc. v. Firetide, Inc.

Endeavor Meshtech, Inc. v. Strix Systems, Inc.

Endeavor Meshtech, Inc. v. S&C Electric Company

Endeavor Meshtech, Inc. v. 3E Technologies Int’l, Inc.

Endeavor Meshtech, Inc. v. FluidMesh Networks LLC

Endeavor MeshTech (a wholly-owned subsidiary of patent monetization firm Endeavor IP) made a strong finish to a busy year of patent enforcement, filing five new lawsuits in November and December of 2015.

The suits against Firetide and Strix Systems were filed in the U.S. District Court for the Southern District of New York on November 23, 2015 (Endeavor Meshtech, Inc. v. Firetide, Inc.Endeavor Meshtech, Inc. v. Strix Systems, Inc.); the S&C Electric and FluidMesh Technologies complaints were filed in the U.S. District Court for the Northern District of Illinois on December 1 and December 28, 2015, respectively (Endeavor Meshtech, Inc. v. S&C Electric CompanyEndeavor Meshtech, Inc. v. Fluidmesh Networks, LLC); the lawsuit against 3E Technologies was filed in the U.S. District Court for the District of Maryland on December 23, 2015 (Endeavor Meshtech, Inc. v. 3E Technologies International, Inc.).

All of the complaints accuse the defendants of infringing three patents in a family – U.S. Patent Nos. 7,379,981 (‘981 Patent),  8,700,749 (‘749 Patent), and 8,855,019 (‘019 Patent), each entitled “Wireless communication enabled meter and network.”

The patents-in-suit relate to a self-configuring wireless network including a number of vnodes and VGATES.

 

Clean Energy Management Solutions, LLC v. Eaton Corp.

Clean Energy Management Solutions sued Eaton for alleged infringement of U.S. Patent Nos. 6,636,893 (‘893 Patent) and 6,577,962 (‘962 Patent).

The ‘893 Patent is entitled “Web bridged energy management system and method” and directed to systems and methods enabling individual energy management sites to be connected using a web bridge such that data from the individual sites can be accumulated to a single site, data from one site can be distributed to many sites, and a pyramid arrangement can be used.

The ‘962 Patent is entitled “System and method for forecasting energy usage load” and directed to systems and methods dynamic, real-time energy load forecasting for a site.

Filed December 16, 2015 in federal court in Marshall, Texas, the complaint alleges that Easton’s smart grid solutions such as the Yukon IED Manager Suite infringe the patents-in-suit.

 

Atlas IP, LLC v. City of Naperville

Atlas filed suit against the City of Naperville, Illinois, alleging that the municipality’s installation of REX2 residential smart meters supplied by Elster Metering infringes an Atlas smart meter patent.

The asserted patent, U.S. Patent No. 5,371,734, is entitled “Medium access control protocol for wireless network” and directed to a reliable medium access control protocol for wireless LAN-type network communications among a plurality of resources, such as portable computers.

The complaint was filed in the U.S. District Court for the Northern District of Illinois on November 30, 2015.

 

Water Treatment

America Greener Technologies, Inc. et al. v. Enhanced Life Water Solutions, LLC et al.

In a complaint filed December 8, 2015 in the U.S. District Court for the District of Arizona, America Greener Technologies (AGT) sued a number of companies and individuals for alleged infringement of a patent relating to a water treatment device and process.

The asserted patent is U.S. Patent No. 8,477,003, entitled “Apparatus for generating a multi-vibrational field” (‘003 Patent).  The ‘003 Patent is directed to an apparatus and method for generating multi-vibrational electromagnetic (MVEM) fields for use in many water treatment applications, including eliminating calcium build-up, reducing salt usage, increasing water clarity, restructuring or inhibiting nitrates, and restructuring or inhibiting calcium salts and other minerals.

AGT alleges that, after selling the patent to AGT, one of the inventors/co-defendants manufactured a patented device and has been leasing, selling or renting the device.

 

Veolia Water Solutions & Technology Support v. WesTech Engineering, Inc.

Veolia sued WesTech in the U.S. District Court for the Eastern District of North Carolina, asserting U.S. Patent No. 8,961,785 (‘785 Patent).

The ‘785 Patent is entitled “Rotary disc filter and module for constructing same” and directed to a rotary disc filter device including a rotary drum and disc-shaped filter members secured about the drum.

Filed November 13, 2015, Veolia’s complaint alleges that WesTech’s SuperDisc disc filter infringes the ‘785 Patent.