Archive for the ‘IP Litigation’ category

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.

In Smart Meter Patent Suit TransData Focuses Antennae on Texas Utility

April 14th, 2011

 

TransData is a Texas company that designs and manufactures smart meters and related products.

TransData owns U.S. Patents Nos. 6,181,294 (’294 Patent), 6,462,713 (’713 Patent) and 6,903,699 (’699 Patent), which relate to antenna and wireless communication devices for use with electric meters.

Last month TransData sued CoServ, a Texas utility, for infringement of the ’294, ’713 and ’699 Patents.  According to the complaint (TransData-Complaint), filed in federal court in Tyler, Texas, CoServ is infringing these patents by using and selling the Landis+Gyr Focus AX electric meter.

The ’294, ’713 and ’699 Patents are related patents which trace back to an original 1998 filing date.  They describe early solutions for wireless transmission of electrical consumption data. 

In particular, the patents are directed to electric meters (100) and an antenna (170, 270) for use with the electric meters.  The antenna includes antenna elements (172, 174, 272, 274) located within a dielectric housing (120, 220) and a balance circuit (176, 276).

The balance circuit (176, 276) mechanically supports the antenna elements (172, 174, 272, 274) so the antenna elements can cooperate and act as a dipole. 

According to the patents’ specification:

The present invention . . . introduces the broad concept of outfitting an electric meter with an internal, wireless communications antenna, allowing the electric meter circuitry within the meter to communicate via a data network wirelessly couplable thereto.

Like the seminal variable speed wind turbine patent involved in the recent GE-Mitsubishi litigation, the patents in this suit are an example of mature clean technologies in the courtroom.

Philips Asserts Five LED Patents; Tries to K.O. Seoul’s “Fundamental” LED Patent

April 7th, 2011

 

Dutch electronics giant Philips and its LED subsidiary Philips Lumileds Lighting Company (collectively “Philips”) have launched the opening shot in what could become a major green patent war.

In a complaint (Philips-Seoul-Complaint) filed last month in federal court in Santa Ana, California, Philips accused its Korean rival Seoul Semiconductor (Seoul) of infringing five patents relating to LED technology and asserted that one of Seoul’s “fundamental” semiconductor structure patents is invalid.

The Philips patents-in-suit are:

U.S. Patent No. 5,779,924, entitled “Ordered interface texturing for a light emitting device,” directed to an LED with a textured interface that improves light extraction;

U.S. Patent No. 6,274,924, entitled “Surface mountable LED package,” directed to an LED package with a heat sinking slug that is thermally isolated from the package’s metal leads;

U.S. Patent No. 6,547,249, entitled “Monolithic series/parallel LED arrays formed on highly resistive substrates,” directed to an array of LEDs wherein the p- and n- contacts are on the same side of the array and the individual LEDs are electrically isolated from each other by trenches or by ion implantation;

U.S. Patent No. 6,590,235, entitled “High stability optical encapsulation and packaging for light-emitting diodes in the green, blue, and near UV range,” directed to an LED component wherein the LED chip is encapsulatd by a rigid outer optically transmissive shell and an interior optically transmissive gel or resilient layer; and

U.S. Patent No. 6,717,353, entitled “Phosphor converted light emitting device,” directed to an LED device that includes a wavelength converting material Sr-SiON:Eu2+ which absorbs light emitted by the LED and emits light of a longer wavelength.

The accused products include Seoul’s Acriche, Top View, High Flux, Side View and Z-Power LEDs.

Philips is also seeking a declaratory judgment that its own products don’t infringe Seoul’s U.S. Patent No. 5,075,742 (’742 Patent) and that the ’742 Patent is invalid. 

The ’742 Patent is entitled “Semiconductor structure for optoelectronic components with inclusions” and is directed to a structure having plural layers in semiconductor material.  One of the layers includes stacked sub-layers, with each sub-layer having three dimensional “inclusions” – improved electron-hole areas – and a narrow band gap. 

According to the ’742 Patent, this structure overcomes certain problems in production of ”III-V” semiconductors (so named for the columns of the Periodic Table in which the semiconductor materials are classified).

According to the complaint, Philips has a reasonable apprehension of being sued for infringement of the ’742 Patent because of a press releases and public statements by Seoul calling the patent “fundamental to indium gallium nitride-based light emitting device technology,” and characterizing a recent court decision as holding that it would be “impossible for LEDs that use InGaN in their active layers” to avoid infringement of the ’742 Patent.

The complaint also alleges that Seoul has threatened the “entire LED community,” and in discussions with Philips, specifically mentioned a European patent that is related to the ’742 Patent.

These are major LED players with big litigation warchests so this could turn into a major green patent war.  This only a couple of years after Seoul wrapped up an epic LED patent battle with its Japanese competitor Nichia.

Valence Victorious in Canadian Advanced Battery Patent Suit

March 20th, 2011

Valence Technology (Valence) is an Austin, Texas, energy storage technology developer that makes lithium iron magnesium phosphate battery modules.

According to this piece in the Austin Business Journal, Valence recently won a four-year patent infringement suit against Montreal-based Phostech Lithium (Phostech).  See also the Valence press release (Valence_press_release).

The patent-in-suit was Canadian Patent No. 2,395,115 (’115 Patent), entitled “Preparation of lithium-containing materials. 

The ’115 Patent relates to lithium mixed metal phosphates for advanced batteries.  The materials described in the patent include LiFe0.9Mg0.1PO4 and are used as the active material in a battery cathode.

According to the ’115 Patent, this material has a better charge capacity than existing lithium cathode materials.  This is demonstrated in the different specific capacity between the LiFePO4, plotted in FIG. 2 of the patent, and the new material, LiFe0.9Mg0.1PO4, shown in FIG. 5.

The ’115 Patent explains that FIG. 5 (LiFe0.9Mg0.1PO4) shows a well defined and sharp peak at about 150 mAh/g (milliamp hours per gram), while FIG. 2 (LiFePO4) shows a shallow slope leading to a peak at about 123 mAh/g.

This means that the Fe-phosphate plotted in FIG. 2 provides 123 mAh/g compared to its theoretical capacity of 170 mAh/g, for only 72% specific capacity.  The improved Fe/Mg-phosphate material provides 150 mAh/g compared to a theoretical capacity of 160 mAh/g, which is 94% specific capacity.

According to Phostech’s press release (Phostech_press_release), the Federal Court of Canada ordered Phostech to cease its current production and sale of lithium iron phosphate.

Novozymes Ethanol Enzyme Patent (Barely) Survives Summary Judgment

March 7th, 2011

In a previous post, I wrote about a patent infringement suit between Danish biopharm rivals Novozymes and Danisco, which are both active in developing enzymes used in production of biofuels.

In the suit, Novozymes has accused Danisco of infringing U.S. Patent No. 7,713,723 (’723 Patent) by selling alpha amylase enzymes including Danisco’s GC358 product.  See the complaint here: novozymes_complaint.pdf.

The ’723 Patent is entitled “Alpha amylase mutants with altered properties” and relates to variants of certain alpha amylases that exhibit altered stability under high temperatures, low pH and other conditions.  The patented variants can be used for starch conversion in ethanol production.

Last month Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin denied Danisco’s motion for summary judgment of invalidity of the ’723 Patent. 

In the Opinion (Novozymes-Order), Judge Crabb rejected Danisco’s argument that the patent is invalid for insufficient written description. 

A U.S. patent must have an adequate written description to be valid.  This means the patent’s specification (which includes the description and figures, but not the claims) must convey to a person skilled in the relevant technical field that the inventor actually invented and “had possession” of the claimed invention.

Danisco argued that the ’723 Patent – directed to a substitution of an amino acid at position 239 in the alpha-amylase protein - was inadequate because the written description lists position 239 as one of 33 possible positions for an “alteration” and lists a substitution as just one possible type of alteration.

According to Danisco, that extensive variability means the ’723 Patent identifies 8.589 x 1042 possibilities for experimentation to arrive at the claimed invention.

Despite “doubts” about the adequacy of the written description, Judge Crabb concluded that Danisco did not meet its burden of proving invalidity as a matter of law. 

The opinion notes that Novozymes put forth expert testimony and other evidence sufficient to create an issue of fact as to whether a person of skill in the art would interpret the specification of the ’723 Patent as disclosing that substitutions at each of the 33 positions would lead to improved stability of the alpha amylase.

The decision was a close one for Judge Crabb, who stated in the opinion ”[i]t is not without hesitation that I am denying defendants’ motion.”  This will be an interesting case to watch, and one that could go down to the wire.

Solannex Strikes Again, Accuses Nanosolar of Patent Infringement

February 26th, 2011

In a previous post, I wrote about Solannex’s patent infringement suit against Santa Clara, California, thin-film photovoltaic (PV) company MiaSolé.

Solannex struck again earlier this month, this time accusing San Jose-based Nanosolar of patent infringement. 

The complaint is not publicly available, so we don’t know which patent(s) Solannex is asserting, but a report on the filing of a patent or trademark suit (Solannex-Nanosolar_Report) submitted to the U.S. Patent and Trademark Office indicates the suit was filed in U.S. District Court in Oakland on February 4th. 

The MiaSolé case involves Solannex’s U.S. Patent No. 7,635,810, entitled “Substrate and collector grid structures for integrated photovoltaic arrays and process of manufacturing such arrays,” (’810 Patent).  

The ’810 Patent is directed to interconnection structures for PV cells including electrically conductive “fingers” that allow electrical communication between the top and bottom surfaces of an interconnect region.

See my post about the MiaSolé case for a more detailed discussion of the ’810 Patent.

It’s hard to predict how wide a net Solannex will cast with its patent enforcement activity.  But one thing is for sure:  if you’re in thin-film, be careful where you point your fingers.