Archive for the ‘IP Litigation’ category

Toyota Gets a Jump on EDI with DJ over Hybrid Vehicle Patents

August 25th, 2011

 

Toyota has been the target of a number of patent infringement suits involving hybrid electric vehicles in the last several years (e.g., see previous posts here, here and here). 

So instead of waiting to be sued again, this time the automaker got a jump on Palo Alto-based hybrid and electric vehicle technology company Efficient Drivetrains Inc. (EDI) and brought its own action for declaratory judgment of noninfringement and invalidity of several patents relating to power output control and charge depletion methods for hybrid electric vehicles.

The complaint (Toyota-EDI_Complaint), filed in federal court in San Jose, California, lists U.S. Patents Nos. 5,842,534 (’534 Patent), 6,054,844, 6,116,363, 6,809,429 (’429 Patent) and 6,847,189 (’189 Patent) (collectively “Asserted Patents”) and also names the Regents of the University of California, the owner the Asserted Patents, as a defendant.

According to EDI’s web site, the company holds an exclusive license for the entire University of California – Davis patent portfolio relating to hybride electric vehicles and continuously variable transmissions (read more about the licensed technology here).  UC Davis Professor Andy Frank is the named inventor on all of the Asserted Patents.

Most of the Asserted Patents are directly related, or at least incorporate and improve upon each other, and four out of five trace priority back to an original filing date of 1995.

The earliest patent, the ’534 Patent, was filed in 1997 and is directed to methods and apparatus for controlling a hybrid electric vehicle to optimize efficiency in varying driving conditions.

The method is performed by sensing the vehicle speed and battery depth of discharge (steps 110 and 120) during operation by the electric motor (12) and comparing them with a control curve (150). 

If those parameters exceed a predetermined threshold, the internal combustion engine (14) is brought on line by engaging the clutch (step 170) and turning on the internal combustion engine (14) (step 180).

The electric motor (12) can be used to supply additional power (200) if the need for additional power demand is sensed (190).  If the internal combustion engine (14) is operating at closed throttle and the brake pedal is depressed for deceleration (210), the electric motor (12) is operated in regeneration mode (230).

Through continuation applications, the subsequent patents claim improvements upon and variations of the methods of the ’534 Patent such as power output control where the internal combustion engine is coupled to a continuously variable transmission (’429 Patent) and control methods for hybrid electric vehicles with smaller battery packs (’189 Patent).

According to the complaint, EDI’s counsel offered Toyota a license to the Asserted Patents, and subsequently contended that Toyota’s hybrid electric vehicles infringe the Asserted Patents and indicated their intention to enforce the patents against Toyota.  Apparently, that’s when Toyota took matters into its own hands.

Samsung and LG Fight Back Against Osram in Expanding LED Patent War

August 22nd, 2011

 

In a previous post, I discussed the new LED patent dispute between Osram, Samsung and LG Electronics (LG).  There were a few significant developments last month.

First, the U.S. International Trade Commission (ITC) decided to investigate allegations raised in two Osram complaints that Samsung and LG are infringing a number of Osram patents by importing certain LEDs into the U.S.  See my prior post for a discussion of some of these patents.

Also, Samsung and LG each responded with suits of their own in both the ITC and Delaware federal court in which they accuse Osram of patent infringement. 

Samsung’s Delaware complaint (Samsung-Osram_Complaint) asserts eight patents, six relating to LED structure and two concerning methods of making LEDs. 

U.S. Patents Nos. 7,268,372 and 7,893,443 are entitled, respectively, ”Vertical GaN light emitting diode and method of manufacturing the same” and “Nitride based semiconductor light-emitting device” and are directed to gallium nitride LEDs having particular layered structures. 

U.S. Patent No. 7,282,741 (’741 Patent) is directed to a vertical type nitride LED wherein an n-side electrode comprises a bonding pad (261) formed adjacent to an edge of an upper surface of the n-type nitride semiconductor layer (21).  An extended electrode (262) is formed in a band from the bonding pad (261).

According to the ’741 Patent, the bonding pad prevents a wire from shielding light emitted from the active layer of the LED, and the extended electrode prevents concentration of current density, thereby ensuring effective distribution of the current density.

The other patents asserted by Samsung in the Delaware lawsuit are:

U.S. Patent No. 7,959,312, entitled “White light emitting device and white light source module using the same” and directed to white LEDs having a blue LED chip with red and green phosphors disposed around it that emit light having certain color coordinates;

U.S. Patent No. 7,964,881, entitled “Semiconductor light emitting device, method of manufacturing the same, and semiconductor light emitting package using the same” and directed to an LED having an electrode layer with an area exposed by a contact hole formed through a first conductivity type semiconductor layer;

U.S. Patent No. 7,771,081, entitled “LED package and backlight unit using the same” and directed to an LED package having a simplified lens shape with an increased beam angle; and

U.S. Patents Nos. 6,551,848 and 7,838,315, relating to methods of manufacturing LEDs and vertical LEDs, respectively.

Samsung’s Delaware complaint lists Osram’s TOPLED, Dragon Family, and OSLON lines of products.

In its Delaware suit (LG-Osram_Complaint), LG asserts eight patents against Osram.  Like the patents asserted by Osram against Samsung and LG, many of these LG patent relate to technology for converting blue LED light into white light.

Three related patents – U.S. Patents Nos. 6,841,802, 7,649,210 and 7,956,364 – entitled “Thin film light emitting diode,” are directed to an LED comprising an LED chip (30) emitting blue light, a thin film layer (86) over the LED chip, and a passivation layer (80) between the thin film layer and the LED chip.

The thin film layer (86) contains a fluorescent material such as phosphor or a compound containing tin and converts the blue light to white light.

The other LG patents include:

U.S. Patent No. 7,821,024, entitled “Semiconductor light emitting device having a roughness layer” and directed to an LED wherein one of the conductive semiconductor layers includes a “horn-shaped roughness” to change the incident angle of light emitted and enhance external quantum efficiency;

U.S. Patents Nos. 7,768,025 and 7,868,348, directed to LEDs having vertical topology and vertical structure, respectively, to improve luminous efficiency and reliability;

U.S. Patent No. 7,884,388, entitled “Light emitting diode having a first GaN layer and first semiconductor layer each having a predetermined thickness and fabrication method thereof”; and

U.S. Patent No. 7,928,465, entitled “Method of fabricating vertical structure LEDs” and directed to methods of making GaN LEDs on insulating substrates.

By my count, there are now at least 30 patents at issue in the several lawsuits filed by Osram, Samsung and LG.  And we’re still in the beginning stages of this growing LED patent war.

Novozymes Asserts Glucoamylase Patents Against Enzyme Distributor

July 15th, 2011

Novozymes is a Danish biopharmaceutical company that develops enzymes for a variety of applications, including for use in production of biofuels.

Last month Novozymes sued an Illinois enzyme distributor called CTE Global (CTE) in federal court in Chicago, alleging infringement of U.S. Patent Nos. 6,255,084 (’084 Patent) and 7,060,468 (’468 Patent).

The ’084 and ’468 Patents are entitled “Thermostable glucoamylase” and are directed to an isolated glucoamylase enzyme which has higher thermal stability than prior glucoamylases.  The patents also claim starch conversion processes using the enzyme. 

Glucoamylases are used to convert hydrolyzed corn starch to glucose.

The patented enzyme was isolated, purified and characterized from a strain of Talaromyces emersonii, a thermophilic fungus.

According to the ’084 and ’468 Patents, the half-life of the isolated enzyme is between 100 and 140 minutes at 70 degrees Celsius, an improvement over prior art glucoamylases.

Novozymes’ complaint (Novozymes-CTE_Complaint) alleges that CTE’s glucoamylase products GLUCOAMYL L 706+ and GLUCOAMYL LG20, used for producing fuel ethanol, infringe the ’084 and ’468 Patents.

Novozymes is currently involved in another biofuels enzyme patent suit as well.  The company has asserted another enzyme patent against its Danish rival Danisco – U.S. Patent No. 7,713,723 – and survived a summary judgment motion challenging the validity of that patent.

In New Suit with A123 Hydro-Quebec Drills Black & Decker and Leans on Segway

July 12th, 2011

 

In a previous post, I wrote about patent litigation between Canadian utility Hydro-Quebec (H-Q) and Massachusetts based lithium ion battery maker A123 Systems (A123), in which A123 lost its bid to have its declaratory judgment action litigated in its desired forum of Boston.

Last month, H-Q opened a new front against A123 and also targeted Valence Technology (Valence) and Segway

Filed in federal court in Dallas, Texas, the complaint (HQ-A123-2d-Amended-Complaint) sticks with the same previously disputed family of patents, alleging infringement of three newly-issued patents in that family – U.S. Patents Nos. 7,955,733, 7,960,058 and 7,964,308, entitled “Cathode materials for secondary (rechargeable) lithium batteries” (Cathode Materials Patents).

H-Q asserts that A123 is infringing the Cathode Materials Patents by selling rechargeable lithium metal phosphate batteries for use in Black & Decker’s DeWalt cordless power tools, and Valence and Segway are infringing by selling Segway Personal Transporters that contain lithium metal phosphate batteries and cathode powder made by Valence.

The Cathode Materials Patents relate to host materials for use as electrodes in lithium ion batteries.  In particular, the patents are directed to a synthesized cathode material containing a compound with an olivine structure comprising the general formula LiMPO4 where M is iron, manganese, nickel or titanium.

According to the Cathode Materials Patents, these cathode materials provide a larger free volume for lithium ion motion that allows higher conductivity and therefore greater power densities.

H-Q is asking the court for a preliminary and permanent injunction and monetary damages.

Rotary Clubbed: Siemens Hit with Water Filter Patent Suit

June 28th, 2011

 

Veolia Water Solutions & Technologies Support (VWS), a subsidiary of Veolia Water, is a French water and wastewater treatment company.   VWS owns U.S. Patent No. 7,507,805 (’805 Patent), which relates to rotary disk filter technology.

VWS recently sued Siemens Industry (Siemens) for patent infringement in the Eastern District of North Carolina, accusing its German competitor of infringing the ’805 Patent.

According to the complaint (Veolia-Complaint), Siemens’ Forty-X disk filter product infringes claims 1 and 16 of the ’805 Patent.

The ’805 Patent is directed to a rotary disk filter having a modular construction.  The rotary disk filter (1) has a rotating drum (2) that includes a plurality of disk-shaped filter members (3). 

The lateral faces of the filter members support a filter cloth (4), which traps particles in the liquid being filtered.

A filter support (11) extends radially outwards from the center of the drum and forms filter segments or modules (13).  The modules, as shown in Figure 4 below, have an intermediate support portion (15) and two outer support portions (16) extending from the intermediate support portion.

Two inner support portions (17) extend from the other end of the intermediate support portion (15), which has a framework construction (18) with hollow spaces (19).  Openings (20) in the inner support portions (17) allow the liquid to be filtered to pass from the interior of the drum (2).

According to the ’805 Patent, the modular filter design and support structure provide a lighter filter with higher filtering capacity at a lower manufacturing cost.

The rotary disk filters at issue in this case are used for a variety of applications including tertiary filtration, water reuse, and process water filtration.

White Light / White Heat: Osram, LG and Samsung Kick Off Global LED Patent War

June 23rd, 2011

 

In a major new global LED patent war, Osram has sued Samsung and LG in several forums around the world, including the U.S. International Trade Commission, Delaware and California federal courts, Germany, and (against LG only) in Japan and China.

According to the California complaint against LG (Osram-LG-Complaint) Osram’s conversion technologies, which enable production of white LEDs using blue-emitting semiconductors, are the subject of the asserted patents, and a host of LG flat screen televisions contain infringing LEDs.

The patents-in-suit number up to a dozen and include at least three patent families. 

The first family of patents is entitled “Light-radiating semiconductor component with a luminescence conversion element” and relates to technologies for converting blue light to white light.  This family includes U.S. Patents Nos. 6,812,500, 7,078,732, 7,126,162, 7,151,283, 7,345,317 and 7,629,621 (Luminescence Patents).

The Luminescence Patents are directed to an LED component comprising a semiconductor body (1) fixed onto a first electrical terminal (2). 

The free surfaces of the semiconductor body (1) and parts of first and second electrical terminals (2, 3) are directly enclosed by a luminescence conversion encapsulation (5) made of an inorganic luminescent material. 

For white-light-emitting components, the Luminiscence Patents specify Y3Al5O12:Ce3+ as the luminescent material.

In another embodiment, illustrated in Figure 2, the semiconductor body (1) and parts of the electrical terminals (2, 3) are enclosed by a transparent encapsulation (15) that does not effect any wavelength change.  A luminescence conversion layer (4) is applied to the transparent encapsulation (15).

In this case the luminescence conversion layer (4) is treated with a luminescent material (6).  A lens (29) reduces total reflection of the radiation within the luminescence conversion layer (4).

According to the Luminescence Patents, these structures provide homogeneous, polychromatic white light and simplify mass production by making the components more easily reproducible.

Another patent family includes U.S. Patents Nos. 6,459,130, 6,927,469 and 7,199,454, entitled “Optoelectronic semiconductor component” and U.S. Patent No. 6,975,011, entitled “Optoelectronic semiconductor component having multiple external connections.” (Optoelectronic Patents). 

These patents are directed to an LED component with a semiconductor chip (1) secured on a chip carrier part (2), a parallelepipedal encapsulation (3), a connection part (10), and external connections (11, 12).

A trough (4) is formed in the region of the chip carrier part (3), which holds the semconductor chip (1).  The inner surface (5) of the trough (4) has a truncated cone shape and forms a reflector for the radiation emitted by the semiconductor chip (1). 

According to the Optoelectronic Patents, this configuration provides increased radiant intensity.

A third family of patents is entitled “Optical semiconductor device with multiple quantum well structure” and includes U.S. Patents No. 6,849,881 and 7,106,090, directed to a superlattice LED structure formed of layers of nitride semconductor material.

Osram also has asserted U.S. Patent No. 7,271,425, entitled “Optoelectronic component,” and U.S. Patent No. 7,427,806, entitled “Semiconductor component emitting and/or receiving electromagnetic radiation, and housing base for such a component.”

Samsung is fighting back, though, with a patent infringement suit of its own against Osram in a district court in Seoul, Korea.

With the growth and promise of this sector, LED patent litigation has become white hot, and the lawsuits just keep coming (see posts here and here).  Osram’s California complaint sums it up well:

Business in this area is growing rapidly and has taken on major strategic importance.

In LED Patent Suit CAO Group Protects its Dynasty

May 26th, 2011

 

CAO Group (CAO) is a Utah-based company that designs and sells a variety of dental, veterinary, forensic and lighting products including the Dynasty line of LED lamps.

CAO owns U.S. Patents Nos. 6,465,961 (’961 Patent), 6,634,770 (’770 Patent), and 6,746,885 (885 Patent), which relate to LED technology embodied by the Dynasty lamps.

Earlier this month CAO asserted the ’961, ’770 and ’885 Patents against a host of LED lamp makers.  The patent infringement complaint (CAO_Complaint), filed in federal court in Utah, names as defendants GE Lighting, Osram Sylvania, Lighting Science Group, Nexxus Lighting, Sharp Electronics, Toshiba, Feit Electric Company, and Lights of America.

The asserted patents are directed to an LED light source (100) with a heat sink (104) that has multiple panels (104b-i).  Each panel may host one or more LED chips (106), which can be arranged to transmit light in multiple directions.

The arrangement of panels (104b-i) can be varied to facilitate emission of light from the LED chips (106) based on the desired directions of light.

Figure 6 shows that the heat sink (403) may include a lining of thermal electric material (405) that lines an air chamber (406).

By applying a voltage to the thermal electric material (405), its temperature can be lowered and heat can be drawn from the heat sink material (403), which in turn draws heat away from the LED chips (402).

According to the asserted patents, this LED lamp structure efficiently dissipates the heat produced by the LEDs. 

CAO’s complaint is the latest in the very hot area of LED patent infringement litigation and the third such suit filed in the last month (see my post about the Cree and Takion suits here).

Court Orders Former GE Employee to Cease Wind Patent Licensing Activity

May 18th, 2011

 

In a previous post, I wrote about a lawsuit between GE and Thomas Wilkins, a former GE employee, over the rights to certain wind turbine technology.

In that suit, GE has accused Wilkins, an electrical engineer who had worked for Enron Wind and then GE after it acquired Enron, of breaching his employment agreements with both companies by his actions with respect to U.S. Patent Nos. 6,924,565 (’565 Patent) and 6,921,985 (’985 Patent).

The ’985 Patent relates to a blade pitch control system, and the ’565 Patent relates to power control systems for wind turbines.

GE alleges that Wilkins refused to assist in the prosecution of the application that matured into the ’565 Patent, recently asserted an ownership interest in and offered to license the ’565 Patent on a publicly-available web site, and recently asserted an ownership interest in and offered to license the ’985 Patent to Mitsubishi (ge-wilkins_am_complaint.pdf).

In an Opinion and Order decided earlier this month (GE-Wilkins_Opinion), Judge Oliver Wanger held that the technology of the ’565 and ’985 Patents presumptively belongs to GE because Wilkins conceived the inventions while working as an employee of GE for the purpose of developing the technology and “being paid to invent.” 

Although Wilkins did some development work as an employee of Enron, the court found no evidence that the scope of his job duties changed when he transferred from Enron to GE.

Therefore, the court concluded that Wilkins likely does not own the patents-at-issue:

Based on the current record, it does not appear that Defendant has rights in the subject technology sufficient to permit Defendant to license the technology to Plaintiff’s competitors.

Judge Wanger granted GE’s motion for a preliminary injunction and ordered Wilkins to stop licensing or offering to license the ’565 and ’985 Patents until the lawsuit is resolved or the court decides otherwise:

For the reasons stated, Defendant Thomas Wilkins and those acting in concert with him, and those who have actual notice of this order, are enjoined and restricted from licensing or offering to license any interest in the technology described in the ’565 and ’985 patents, or from making any representation that Wilkins is presently legally entitled to license such technology, pending the entry of a final judgement in this action or further order of the court.

Mitsubishi has intervened in the case.  The ’985 Patent is one of several asserted by GE against Mitsubishi in at least two lawsuits, including a patent infringement case in Texas and an investigation in the U.S. International Trade Commission (ITC), for which GE is appealing the ITC’s ruling.  Among other things, Wilkins’ inventive contributions to the ’985 Patent were at issue in the ITC case.

The ’985 Patent is also one of the patents-at-issue in Mitsubishi’s antitrust suit against GE, in which it has accused its rival of engaging in an anticompetitive scheme to monopolize the U.S. market for variable speed wind turbines.  The antitrust suit has been stayed pending resolution of the patent infringement suits.

Cree and Takion Add to Surge of LED Patent Litigation

May 6th, 2011

Cluster of LEDs mounted on a screw-in base

LED patent litigation remains hot, with two new lawsuits filed last month.  In the first, North Carolina LED maker Cree sued SemiLEDs Optoelectronics (SemiLEDs), alleging that SemiLEDs’ MvpLED product line infringes six patents.

The complaint (Cree-Semileds-Complaint), filed in U.S. District Court for the Middle District of North Carolina, asserts U.S. Patent Nos. 7,737,459 (’459 Patent), 7,211,833 (’833 Patent), 7,611,915 (’915 Patent), 6,657,236 (’236 Patent), 7,795,623 (’623 Patent), and 7,557,380 (’380 Patent).

The ’833 and ’915 Patents are part of a family that relates to gallium nitride LEDs having a silicon carbide (SiC) substrate in a “flip-chip” mounted configuration, i.e., the LED is mounted so the substrate side faces upwards away from the LED package, or submount. 

An LED (100) includes a substrate (20) and an epitaxial region (30) on the substrate.  There is a multilayer conductive stack (35) and an ohmic layer (32) on the epitaxial region (30) opposite the substrate (20). 

A reflector layer (34) is on the ohmic layer (32) opposite the epitaxial region, and a barrier layer (36) is opposite the reflector layer (34). 

According to the ’833 and ’915 Patents, this configuration has several advantages over existing SiC-based LEDs, including increased resistance to high temperatures, higher shear strength of bonds between the LED and the submount, and improved conductivity.

The ’236 Patent is directed to LEDs having light extraction structures, which boost efficiency by reflecting, refracting or scattering light so that more light escapes the LED. 

The ’380 and ’623 Patents relate to LEDs having a reduced conductivity region aligned with a non-transparent feature such as a wire bond pad, and the ’459 Patent is directed to an LED having particular output characteristics (radiant flux at 20 milliamps current of at least 29 milliwatts at its dominant wavelength).

In the second case, a Japanese company called Takion sued a host of LED manufacturers including GE, LEDtronics, Sharp, Philips, and Toshiba for infringement of U.S. Patent No. 6,577,072 (’072 Patent).

According to the complaint (Takion-GE_Complaint), filed in federal court in Seattle, various LED lamp devices produced by the defendants infringe the ’072 Patent, including GE’s LED7PAR20/NFL, LEDtronic’s ATS-200R-5 LED traffic light replacement lamp, and Philips’ 5E-26A60 product.

The ’072 Patent is directed to an LED lamp and power supply unit that can be directly connected to an AC power supply.  The power supply unit includes a wave rectifier and an electric power output.

The unit is configured so the output admits electric power only when the voltage of the rectified wave corresponding to each half period of the wave of the AC power supply voltage is equal to or heigher than a predetermined value.

According to the ’072 Patent, the invention allows direct connection of the LED lamp to an AC power supply without unduly comprising efficiency or losing too much power by heat dissipation.

These two complaints are the latest in a recent surge of LED patent litigation, including a suit between Philips and Seoul Semiconductor and enforcement by Nichia and Altair Engineering.

In PV Furnace Case Green Patent Litigation Moves Upstream

April 21st, 2011

 

Despatch Industries (Despatch) is a Minnesota company which designs and makes industrial ovens and furnaces, including furnaces for use in solar cell manufacturing. 

Despatch owns U.S. Patent No. 7,514,650, entitled “Continuous infrared furnace,” and directed to a furnace for treating material with infrared radiation which has a mechanism to allow easy access to interior components (’650 Patent).

In October of last year, Despatch sued California competitor TP Solar (TP) for patent infringement in federal court in Minnesota, and last month the court transferred the case to Los Angeles (Despatch-Transfer-Order).

According to the complaint (Despatch-TP_Solar-Complaint), TP is selling furnaces that infringe the ’650 Patent, including the Model MD-225 Firing Furnace with Integrated Dryer.

The ’650 Patent describes a furnace (10) having a heat transfer zone (20), a cooling zone (120), and a conveyor (50) to transport the material to be treated.  The heat transfer zone (20) has an upper portion (30) and a lower portion (40).

The lower portion (40) is removable, and can be lowered using a jack (60) to allow access to the interior of the heat transfer zone (20) and the components therein.  According to the ’650 Patent:

The access to the interior of the furnace 10 provided by moving the lower portion 40 of the furnace from the bottom of the furnace may allow for, among other things, maintenance or replacement of insulation, lamps, the conveyor, and other elements not easily accessible without moving the lower portion.

So green patent litigation is moving up the supply chain to the players that manufacture for the clean tech manufacturers.