Archive for the ‘LED Patents’ category

Federal Circuit Shows Deference to USPTO in Ruling Against Cree LED Patent

April 19th, 2016

A Green Patent Complaint Update from fall 2014 discussed one of the patent lawsuits between Cree and Harvatek in which Cree asserted several patents relating to white light LED technology.

One of those patents – U.S. Patent No. 6,600,175, entitled “Solid state white light emitter and display using same” (‘175 Patent) – was the subject of an ex parte reexamination proceeding in the U.S. Patent and Trademark Office (USPTO).

During the reexam, Cree added six claims to the patent.  The new claims  at issue are directed to the production of white light through “down-conversion” of blue light from LEDs.  Down conversion means absorbing high energy (shorter wavelength) light and re-emitting it as lower energy (longer wavelength) light to produce light of a desired wavelength, i.e., color.

The patent examiner rejected those claims as obvious over multiple combinations of prior art references including three particular patent references, and the USPTO’s Patent Trial and Appeal Board (PTAB) affirmed the examiner’s reasoning and conclusion.

In a recent decision, the U.S. Court of Appeals for the Federal Circuit, showing much deference to both the examiner and the PTAB, rejected all of Cree’s arguments on appeal and affirmed the PTAB’s obviousness holding.

The claims of the ‘175 Patent at issue recited an LED having a “down-converting luminophoric medium for down-converting the radiation emitted by the light-emitting diode to a polychromatic white light…”  In lighting applications, luminophoric materials are commonly called phosphors.

The primary prior art references were the Pinnow patent, which discloses a display system that creates black and white images using a blue laser and appropriate phosphors and explains how to make white light by down conversion; the Stevenson patent, which discloses LED light that may be converted to lower frequencies with good conversion efficiency using organic and inorganic phosphors; and the Nakamura patent, which discloses a gallium nitride (GaN) LED that emits a blue light that was brighter than similar, previously developed LEDs.

In the reexam, the examiner found it would have been obvious to substitute the LED of Stevenson with either the known UV light emitting or blue light emitting GaN-based LED in Nakamura, and this would be a simple substitution of one known element for another to gain the predictable result of brighter emission by the phosphors.

The PTAB agreed with the examiner’s reasoning and conclusion that the combination of Stevenson, Pinnow, and Nakamura rendered the ‘175 Patent claims obvious:

[T]he combined teachings of Stevenson, Pinnow, and Nakamura would have suggested to an artisan of ordinary skill to use a blue LED on a single die to create white light via “down-conversion” because Nakamura’s blue LED is more powerful than Stevenson’s older, less-efficient LED in terms of power and brightness and, as such, is more suitable with a “down-conversion” process to product white light…

According to the PTAB, the invention of the ‘175 Patent is “nothing more than a new application of a high-power, high-brightness blue LED developed by Dr. Nakamura in late 1993.”

The Federal Circuit opinion does not add much analysis to that of the patent examiner and the PTAB.  Rather, it is essentially a series of refutations of Cree’s arguments on appeal.  Throughout, the appeals court consistently defers to the PTAB’s conclusions.

In response to Cree’s contention that the Board erred by by assuming that it was disclosed in a single prior art reference (Pinnow) to make white light from a monochromatic LED through down conversion, the court said Pinnow provided, according to the Board, a general disclosure of down conversion for creating white light, which was “a perfectly reasonable conclusion.”

Cree also argued that the Board misread the declarations of Cree’s experts.  Again, the Federal Circuit found the conclusion the Board drew from the expert testimony that down conversion was a known solution for generating white light from a blue LED was “reasonable” and “supported by substantial evidence.”

Cree further argued that neither the examiner nor the Board articulated a rational motivation to combine the teachings of Pinnow, Stevenson, and Nakamura.  The court again disagreed, finding the Board “provided a sufficient, non-hindsight reason to combine the references.”

Perhaps one lesson here, though not really news, is to make sure to present all of your best arguments and evidence in the lower tribunals and not count on the appellate process to bail you out.

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.

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.

Clean Tech in Court: Green Patent Complaint Update

November 19th, 2015

Several new green patent complaints were filed in September and October in the areas of LEDs, smart grid, smart meters and wastewater handling.

 

Smart Grid

JSDQ Mesh Technologies LLC v. Silver Springs, Inc. and Pepco Holdings, Inc.

JSDQ filed a patent infringement lawsuit on September 10, 2015 in the U.S. District Court for the District of Delaware.

This complaint accuses Silver Springs and Pepco of infringing three U.S. Patents Nos. 7,286,828 entitled “Method of Call Routing and Connection,” RE43,675 entitled “Wireless Radio Routing System,” and RE44,607 entitled, “Wireless Mesh Routing Method.”

The technology involved in the suit includes Silver Springs’ Smart Grid Mesh Network solutions, which the complaint alleges includes a wireless routing system and an Aerohive routing system used in conjunction with directional radio signals.

The complaint alleges Pepco is infringing the patents through its use of Silver Springs’ Smart Grid Mesh Network and associated products and services.

 

Smart Meters

 Transdata, Inc. v. Landis+Gyr, Inc. and Landis+Gyr Technology, Inc.

Transdata, Inc. v. Itron, Inc.

Transdata, Inc. v. General Electric Company and GE Energy Management Services, Inc.

On September 11, 2015, TransData filed three separate complaints in federal court in Tyler, Texas.

Each of the three complaints corresponds to a different defendant(s) (see the complaints here, here, and here), but each complaint asserts the same three patents.  These complaints follow a long list of consolidated “smart meter” cases, and in each complaint, Transdata notes that the defendant(s) indemnified and/or defended other defendant(s) in the earlier consolidated cases.

Two of the asserted patents, U.S. Patent Nos. 6,181,294 (‘294 Patent)and 6,462,713 (‘713 Patent) are related and 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.

For a more detailed discussion of the patented meter technology and discussion of earlier case, see our previous post here.

Numerous industrial and residential electric meters made by the defendants are at issue in these cases.

The Landis+Gyr products include residential meters containing the Landis+Gyr Gridstream RF Mesh Residential Endpoint; industrial and commercial meters containing Landis+Gyr Gridstream RF Mesh Commercial  and Industrial Endpoint; and meters with the AMI communication modules and antenna.

The Itron and General Electric meters include various residential and industrial meters equipped with under-the-glass wireless communication modules and meters with the AMI communication modules and antenna.

 

LEDs

Global Tech LED, LLC. V. Every Watt Matters, LLC and DRK Enterprises, Inc.

Global Tech LED, LLC V. Hilumnz International Corp., Hilumnz, LLC and Hilumnz USA, LLC

Global Tech LED filed a complaint against Every Watt Matters and DRK (“EWM”) on September 14, 2015 and a complaint against Hilumnz on September 15, 2015.

Both complaints were filed in the U.S. District Court for the Southern District of Florida and allege the defendant(s) infringed U.S. Patent No. 9,091,424, entitled “LED Light Bulb.”

The patent pertains to an LED device that can replace or retrofit a light bulb in an electrical socket.  The LED device has a screw connector for screwing into a light bulb socket.  A bracket connects the screw portion to the housing, which holds one or more LEDs.  The housing can rotate to direct the light from the LED and contains an electrically powered cooling fan to dissipate heat generated by LED.

Both complaints allege EWM and Hilumnz offer for sale infringing LED lamp products.  The Hilumnz complaint also alleges that Hilumnz offers for sale various Retrofit Kits.

 

Wastewater Handling

Liberty Pumps Inc. v. Franklin Electric Co., Inc.

On October 23, 2015, Liberty Pumps Inc. (“Liberty”) filed a complaint in the U.S. District Court for the Western District of New York.  The complaint alleges Franklin Electric Co. Inc. (Franklin) is infringing U.S. Patent Nos. 8,523,532 (‘532 Patent) and 8,888,465 (‘465 Patent) entitled, “Sewage Handling System, Cover and Controls.”

The ‘532 and ‘465 Patents describe a basin/pump assembly for moving liquids such as sewage.  If a bathroom is lower than a household sewer effluent pipe, this assembly would pump the bathroom wastewater to the level of sewer effluent pipe.

The assembly has a basin with a bottom, sides and a hanging feature formed into the basin.  The hanging feature has a hanging portion with a level switch.  A pump is disposed in the basin.  Also, the basin may have a cover assembly that can be fastened to the open top of the basin.

The accused products include Franklin’s LittleGIANT Pit+Plus Sewage Basin.

 

Jayne Saydah is a registered patent attorney with experience prosecuting patent applications for a broad range of technologies.  She has a B.S. in Environmental Engineering and an interest in protecting the intellectual property rights of any environmentally conscience inventions and businesses.

Clean Tech in Court: Green Patent Complaint (and Settlement) Update

September 22nd, 2015

Several new green patent complaints were filed in July and August in the areas of LEDs, smart grid, and water meters.

But before we get to that, a significant green patent case settled during this period.  Colorado-based Gevo and BP-DuPont joint venture Butamax announced that they entered into worldwide patent cross-license and settlement agreements.

The deal ends a massive patent dispute that began back in early 2011 and grew to comprise at least 17 lawsuits and 14 patents relating to methods of producing biobutanol.

The agreement grants both parties patent licenses to all fields for isobutanol and includes a combination of royalty-bearing and royalty-free fields for both parties.  According to this piece from Biofuels Digest, it seems the core of the deal is that Butamax will take the lead in the on-road gasoline market and Gevo gets the jet fuel market.

The litigation was notable both for its size and as the first foray of big oil into biofuels patent lawsuits.

 

LEDs

Feit Electric Company, Inc. v. Cree, Inc.

After Cree sued Feit for alleged infringement of 10 patents back in January, Feit fired back with this lawsuit filed July 7, 2015 in U.S. District Court for the Middle District of North Carolina.

The complaint accuses Cree of infringing two related U.S. Patent Nos. 8,408,748 and 9,016,901, both entitled “LED lamp replacement of low power incandescent lamp” (LED Lamp Patents).

The LED Lamp Patents are directed to LED light bulbs for replacing incandescents.  The LED lamp has an elevated light source positioned above a screw-type base and two groups of LEDs connected in series with each LED mounted proximate a heat sink.

The accused products are Cree’s 4Flow LED lamps.

 

Koninklijke Philips N.V. et al. v. Amerlux LLC et al.

Philips has filed another patent infringement lawsuit, asserting six LED lighting patents against New Jersey lighting company Amerlux.  The complaint was filed August 5, 2015 in the U.S. District Court for the District of Massachusetts.

The patents-in-suit are:

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

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

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

U.S. Patent No. 7,038,399, entitled “Methods and apparatus for providing power to lighting devices”

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

U.S. Patent No. 8,220,958, entitled “Light-beam shaper”

Philips alleges that a host of Amerlux products infringe one or more of the asserted patents, including accent display lighting products, task lighting products, wall wash and grazer lighting products, shelf lighting products, downlights, pendants, outdoor lighting products, and other luminaire-type lighting products.

 

Smart Grid

Endeavor MeshTech, Inc. v. Redpine Signals, Inc.

Endeavor MeshTech, Inc. v. Atmel Corporation

Endeavor MeshTech (a wholly-owned subsidiary of patent monetization firm Endeavor IP) continued its patent enforcement campaign, filing two more lawsuits in July and August.

The first was filed against Redpine in U.S. District Court for the Southern District of New York on July 1, 2015 (Endeavor Meshtech v. Redpine), the second against Atmel in U.S. District Court for the District of Colorado on July 6, 2015 (Endeavor Meshtech v. ATMEL).

The two complaints accuse Redpine and Atmel, respectively, 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 are Redpine’s n-Link, Connect-io-n, WiSeConnect, M2MCombo, SmartCombo, NetCombo and WinergyNet products and Atmel’s products sold under the brand names ZigBit, SmartConnect, BitCloud, and SMART.

 

Regen Energy Inc. v. eCurv Inc. 

On August 19, 2015 Regen Energy, a Canadian corporation with operations in San Marcos, California, sued Massachusetts-based eCurv for alleged infringement of U.S. Patent Nos. 8,918,223 (‘223 Patent) and 9,110,647 (‘647 Patent).

The ‘223 and ‘647 Patents are related patents entitled, respectively “Apparatus for managing an energy consuming load” and “Method and apparatus for managing an energy consuming load.”  They are directed to energy management systems and methods that generate load state data from energy consuming loads, make enablement state decisions for the loads using the load state data, and implement the enablement state decisions.

Filed in U.S. District Court for the Southern District of California, the complaint alleges that eCurv’s QPAC line of energy management software and related products infringe the ‘223 and ‘647 Patents.

 

Water Meters

Green4All Energy Solutions, Inc. v. Flow Dynamics, LLC et al.

In this action for tortious interference, unfair competition and declaratory judgment, Chicago-based Green4All requests that the court declare Flow Dynamics’ U.S. Patent No. 8,707,981 (‘981 Patent) invalid.

The ‘981 Patent is entitled “System for increasing the efficiency of a water meter” and directed to a valve assembly that increases the efficiency of an upstream water meter by removing entrained water bubbles from the water supply.

Filed August 5, 2015 in U.S. District Court for the Northern District of Illinois, the complaint alleges that Flow Dynamics’ prior filed patent infringement suit against Green4All (reported here) is without merit and the ‘981 Patent should be declared not infringed and invalid.

Clean Tech in Court: Green Patent Complaint Update

July 21st, 2015

Several new green patent complaints were filed in May and June in the areas of LEDs, smart grid, and solar power including solar mounting systems and solar powered lanterns.

 

LEDs

Koninklijke Philips N.V. v. iGuzzini Lighting USA, Ltd. et al.

On May 22, 2015, Philips sued iGuzzini for infringement of five patents relating to LEDs and LED lighting devices.  The complaint was filed in the U.S. District Court for the District of New York.  The patents-in-suit are:

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

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

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

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

U.S. Patent No. 7,802,902, entitled “LED lighting fixtures”

The accused products are iGuzzini’s Laser Blade, Primopiano-LED, Woody LED, and Palco LED lines.

 

Lynk Labs, Inc. v. Juno Lighting LLC et al.

Illinois-based Lynk Labs recently sued Juno Lighting for patent infringement, correction of inventorship, and breach of contract.

Filed in U.S. District Court for the Northern District of Illinois, the complaint alleges infringement of U.S. Patent Nos. 8,531,118, entitled “AC light emitting diode and AC LED drive methods and apparatus”(‘118 Patent) and 8,841,855, entitled “LED circuits and assemblies” (‘855 Patent).

Lynk Labs also has requested that the court correct the inventorship of Juno’s U.S. Patent No. 7,909,499, entitled “LED track lighting module” and U.S. Design Patent No. D579,144, entitled “L.E.D. light source cover” to include one or more officers or employees of Lynk Labs as co-inventors.

Finally, Lynk Labs alleges that Juno breached a 2006 Non-disclosure Agreement between the parties.

 

Smart Grid

Endeavor MeshTech, Inc. v. Nexgrid, LLC

Endeavor MeshTech, Inc. v. Freewave Technologies, Inc.

Endeavor MeshTech, Inc. v. Zenner Performance Meters, Inc.

Endeavor MeshTech (a wholly-owned subsidiary of patent monetization firm Endeavor IP) continued its patent enforcement campaign, filing three more lawsuits in May and June.

The first was filed against Nexgrid in federal court in Richmond, Virginia on May 5, 2015 (Endeavor Meshtech v. Nexgrid), the second against Freewave Technologies in the U.S. District Court for the District of Colorado on June 16, 2015 (Endeavor Meshtech v. Freewave), and the third against Zenner Performance Meters in federal court in Marshall, Texas on June 23, 2015 (Endeavor Meshtech v. Zenner).

The first two complaints accuse each Nexgrid and Freewave, respectively, 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 complaint against Zenner asserts only the ‘749 and ‘019 Patents.

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

The accused products and services are Nexgrid products sold under the Nexgrid Technology Solutions brand name, Freewave’s Comprehensive High-Speed Wireless M2M Communications Solution sold under the WavePoint brand name, and Zenner’s Stealth and MeshPlus branded products and services.

 

Solar Power

D Three Enterprises, LLC v. Sunmodo Corporation

D Three Enterprises, LLC v. Rillito River Solar LLC

On June 2, 2015 D Three filed two patent infringement suits in the U.S. District Court for the District of Colorado.

In the first (D Three Enterprises v. Sunmodo), D Three accuses Sunmodo of infringing U.S. Patent Nos. 8,689,517 (‘517 Patent) and 8,707,655 (‘655 Patent), both relating to involving sealing assemblies for roof-mounted solar panels.

The ‘517 and ‘655 Patents are related patents, each entitled “Roof mount sealing assembly” and directed to roof mount sealing assemblies that allow a user to mount rails for solar panels, signs, satellite dish or any other desired item on the roof and have the mounting location sealed against water.

The accused Sunmodo products are the EZ Mount assembly with Standoff for Shingle Roofs and the EZ Mount L-Foot Kit for Shingle Roofs.

The D Three complaint against Rillito asserts only the ‘517 Patent and alleges that Rillito’s (dba EcoFasten Solar) QuikFoot Roof Mount System with P-3-CSK Compression Post infringes the patent.

 

Allsop, Inc. v. Jetmax Ltd.

Allsop, a manufacturer of various consumer products including collapsible solar power lanterns, sued Hong Kong-based Jetmax for infringement of U.S. Patent No. 8,657,461 (‘461 Patent).

The ‘461 Patent is entitled “Solar-powered collapsible lighting apparatus” and directed to a solar-powered lighting apparatus having a light transmissible spherical shade coupled to a housing that receives a solar cell, a battery and at least a portion of a lighting element assembly.

Filed May 29, 2015 in federal court in Seattle, Washington, the complaint alleges that Jetmax’s Nylon Solar Hanging Lantern infringes the ‘461 Patent.

 

Vinson Conlan’s LED Patent Report: What’s at Stake in Cree v. Feit?

July 7th, 2015

A previous post reported on the LED patent lawsuit between North Carolina LED manufacturer Cree and Feit Electric Company in which Cree has alleged infringement of a number of utility and design patents.

There are several patents involved with this case but none as far reaching as U.S. Patent No. 8,596,819 (‘819 Patent). Let’s look at the first claim:

1.  A lighting device comprising at least one light emitting diode, said lighting device, when supplied with electricity of a first wattage, emitting output light with a wall plug efficiency of at least 60 lumens per watt of said electricity.

This claim covers all LED devices with an efficacy over 60 lumens per watt with at least one LED.

The latest Energy Star luminaire requirements (taking effect in 2016) for all luminaire categories, but track need to meet or exceed 60 LPW. Most large retailers have relied upon Energy Star to help qualify products for sale to residential customers. In some cases, products without Energy Star will not be considered for sale in retail outlets.

Energy Star is required to qualify for many utility rebate programs. Energy Star is a Department of Energy program and has been made aware of the ‘819 Patent. They were made aware of this patent issue before the latest luminaire requirements were finalized.

Those who honor the ‘819 Patent would be denied rebate dollars and the potential to sell into some large volume accounts because meeting Energy Star requirements would force them to infringe the patent.

Energy Star has the best interest of the country in mind, but one has to question their decisions when their policies will clearly steer rebates dollars and retail business directly towards a single patent holder.

This case is about more than one company against another, it is the test of a patent that could be used successfully to deny businesses the opportunity to get an Energy Star listing and qualify for rebate dollars.

For those looking to sell into the commercial channel and get added to the Design Lights Consortium (DLC) qualified product list, they will only qualify for display case lighting and directional interior categories. All lamps would infringe as well. Like Energy Star, DLC qualified products are eligible for rebates.

Another Cree patent in this lawsuit is U.S. Patent No. 8,628,214 (‘214 Patent).  This patent is very similar to the ‘819 Patent. The first claim of the ‘214 Patent reads:

 1.  A lighting device comprising:a first string of solid state light emitters in series, the first string comprising at least two solid state light emitters,

a second string of solid state light emitters in series, the second string comprising at least two solid state light emitters,

a third string of solid state light emitters in series, the third string comprising at least two solid state light emitters,

the lighting device, when supplied with electricity of a first wattage, emitting output light with a wall plug efficiency of at least 60 lumens per watt of the electricity.”

Perhaps it is time for those who support Energy Star and DLC to consider a revised set of efficacy standards that promote free trade and offer their customers a wider range of options. The following organizations have influence, and as objective third parties can help all interested parties find solutions that will help save energy without infringing these patents.

DSIRE Database of State Incentives for Renewables and Efficiency:  http://www.dsireusa.org/

ACEEE (American Council for an Energy Efficient Economy):  http://aceee.org/

AESP Association of Energy Service Professionals:  http://www.aesp.org/

CEE (Consortium for Energy Efficiency):  http://www.cee1.org/

ESource:  http://www.esource.com

 

Vinson Conlan has been developing light fixtures for nearly 30 years and has spent the last 9 years specializing in LED products. He has 8 US patents and has a broad range of experience working for family owned businesses as well as Fortune 100 companies. Vinson currently heads up product development for a leading company in the solid state lighting industry.

Guest Post: Vinson Conlan’s LED Patent Update

June 2nd, 2015

Lighting Science Group expanded their intellectual property for their LED Disc Light (Glimpse) with three recent patents.

The trio of patents cover LED light fixtures that are low profile and designed to cover recessed light fixtures and junction boxes. Most of these fixtures look like recessed trims with a lamp or a recessed light fixture trim with a lens.

Their latest patent is written to cover fixtures that are designed to cover a recessed light fixture housing and a junction box with a driver located between the light fixture and the junction box or recessed housing. The ratio of height to diameter is not included in the first claim as it was on the original patent, U.S. Patent No. 8,201,968 (‘968 Patent).

The combination of patents covers many fixture types currently manufactured in North America. Examples of their products can be found here.

The second patent, U.S. Patent No. 8,672,518, entitled “Low profile light and accessory kit for the same”, issued March 18, 2014.

U.S. Patent No. 8,967,844, entitled “Low profile light and accessory kit for the same” (‘844 Patent), issued on March 3, 2015. This is the third of the patents issued that provides coverage for their disc light LED product.

All of the patents claim the benefit of U.S. Provisional Application Ser. No. 61/248,665, filed Oct. 5, 2009.

The following description from the ‘968 Patent has been separated into two claims in the ‘844 Patent:

wherein the heat spreader, the heat sink and the outer optic, in combination, have an overall height H and an overall outside dimension D such that the ratio of H/D is equal to or less than 0.25; wherein the combination defined by the heat spreader, the heat sink and the outer optic, is so dimensioned as to: cover an opening defined by a nominally sized four-inch can light fixture; and, cover an opening defined by a nominally sized four-inch electrical junction box.

In place of the above, claim 1 in the ‘844 Patent adds the following:

…and a power conditioner disposed and configured to receive AC voltage from an electrical supply and to provide DC voltage for the plurality of LEDs; wherein the power conditioner is disposed, configured and sized to fit at least partially within an interior space of: a nominally sized can light fixture; and, a nominally sized electrical junction box.

 

Another recent patent of interest

Copper Technologies (see Halo brand products) was granted U.S. Patent No. 9,010,956,entitled “LED module with on-board reflector-baffle-trim ring” (‘956 Patent). Claim 1 reads as follows:

A light module, comprising:

a heat sink comprising an internal surface surrounding a heat sink cavity formed therein, the internal surface comprising:

a mounting region; and

a reflector region extending from the perimeter of the mounting region to a distal end;

one or more light sources coupled to the mounting region within the heat sink cavity; and

a plurality of mounting pads disposed circumferentially around a portion of the heat sink to separably couple the light module to a housing having a five inch diameter cavity or a housing having a six inch diameter cavity, each mounting pad comprising:

a first receiving hole; and

a second receiving hole,

wherein either the first receiving hole or the second receiving hole is coupled to a torsion spring,

wherein when the torsion spring is coupled to the first receiving hole, the light module is coupled to the housing having the five inch diameter cavity, and

wherein when the torsion spring is coupled to the second receiving hole, the light module is coupled to the housing having the six inch diameter cavity.

One of the embodiments, which is on the shelf at a popular retail DIY chain, can be seen here.

The ‘956 Patent protects their current low cost LED trim; many low cost trims use a similar construction.

 

Vinson Conlan has been developing light fixtures for nearly 30 years and has spent the last 9 years specializing in LED products. He has 8 US patents and has a broad range of experience working for family owned businesses as well as Fortune 100 companies. Vinson currently heads up product development for a leading company in the solid state lighting industry.

Clean Tech in Court: Green Patent Complaint Update

May 20th, 2015

A number of new green patent complaints were filed in the last two months in the areas of energy storage, LED lighting, and smart grid (including lighting control).

 

Energy Storage

Power Regeneration, LLC v. Siemens Corporation et al.

A Texas company call Power Regeneration has accused Siemens of infringing a patent relating to energy storage systems.  Filed April 6, 2015 in federal court in Tyler, Texas, the complaint alleges that Siemens’ SITRAS energy storage systems infringe U.S. Patent No. 7,085,123 (‘123 Patent).

The ‘123 Patent is entitled “Power supply apparatus and power supply method” and directed to a power supply apparatus and method wherein the non-polar characteristics of the electrodes of a capacitor are used to improve the energy utilization efficiency of a battery through reciprocating switches of polarity connection between the battery and the capacitor.  The capacitor allows for reverse charging, and the apparatus delivers a stable power output.

LEDs

Koninklijke Philips N.V. et al. v. Troy-CSL Lighting, Inc.

On March 20, 2015, Philips sued Troy-CSL for infringement of seven patents relating to LEDs and LED lighting devices.  The complaint was filed in the U.S. District Court for the District of Massachusetts.

The patents-in-suit are:

U.S. Patent No. 6,013,988, entitled “Circuit arrangement, and signalling light provided with the circuit arrangement”

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

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

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

U.S. Patent No. 7,038,399, entitled “Methods and apparatus for providing power to lighting devices”

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

U.S. Patent No. 7,325,138, entitled “Methods and apparatus for providing power to lighting devices”

The accused products are Creative Systems Lighting (CSL) and Troy branded interior and exterior LED lighting products.  Philips has asserted several of these patents before (see previous posts, e.g., here and here).

 

Smart Grid

Endeavor MeshTech, Inc. v. Synapse Wireless, Inc.

Endeavor MeshTech, Inc. v. Tantalus Systems, Inc.

On March 25, 2015, Endeavor MeshTech (a wholly-owned subsidiary of patent monetization firm Endeavor IP) filed two more patent infringement complaints.  One was filed against Synapse Wireless in the U.S. District Court for the Northern District of Alabama (Endeavor v. Synapse), and the other against Tantalus Systems in the Eastern District of North Carolina (Endeavor v. Tantalus).

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

The accused products are systems, modules, devices, and services under Tantalus’s TUNet brand and Synapse’s SNAP brand.

 

Sunrise Technologies, Inc. v. Cimcon Lighting, Inc.

Sunrise Technologies, Inc. v. Selc Ireland Ltd.

On April 8, 2015, a Massachusetts company called Sunrise Technologies filed suit against two competitors (Sunrise v. Cimcon; Sunrise v. Selc) in the U.S. District Court for the District of Massachusetts.  The complaint asserts U.S. Patent No. 7,825, 793, entitled “Remote monitoring and control system” (‘793 Patent).

The ‘793 Patent is directed to a communication system that communicates information between an end user device and a remote end user via a communication node mounted on the upper part of a utility pole.  The communication node is capable of communicating with a nearby user device using a low-power communication protocol such as the Zigbee protocol and transmits the communication to the end user via a neighborhood mesh network of nodes mounted on utility poles.

The accused products are Cimcon’s iSLC’s line of intelligent wireless controllers and Selc’s Wireless Central Monitoring Systems.

 

Intuitive Building Controls, Inc. v. Control4 Corporation

Intuitive Building Controls, Inc. v. Acuity Brands, Inc.

Intuitive Building Controls, Inc. v. AMX LLC

Intuitive Building Controls, Inc. v. Crestron Electronics, Inc.

Intuitive Building Controls, Inc. v. United Technologies Corporation et al.

Texas-baseed Intuitive Building Controls (IBC) fired off five complaints asserting infringement of one or more of three patents relating to lighting control systems.  The lawsuits were all filed in federal court in Marshall, Texas on April 14, 2015.

The patents-in-suit are U.S. Patent Nos. 6,118,230, entitled “Lighting control system including server for receiving and processing lighting control requests”(‘230 Patent), 6,160,359, entitled “Apparatus for communicating with a remote computer to control an assigned lighting load” (‘359 Patent), and 5,945,993, entitled “Pictograph-based method and apparatus for controlling a plurality of lighting loads” (‘993 Patent).

The complaints against Control4 (Intuitive v. Control4), AMX (Intuitive v. AMX), and Crestron (Intuitive v. Crestron) assert all three patents.  The complaints against Acuity Brands (Intuitive v. Acuity) and United Technologies (Intuitive v. United Technologies) list only the ‘230 Patent.

Jury Verdict for Everlight Knocks Out Nichia Patents

May 13th, 2015

 

A previous post discussed the declaratory judgment complaint (Everlight-Nichia ComplaintEverlight Electronics filed against Nichia in federal court in Michigan in April 2012.

Everlight sought declaratory judgment of non-infringement, invalidity, and unenforceability due to inequitable conduct of two patents owned by Nichia:  U.S. Patent Nos. 5,998,925 entitled “Light Emitting Device Having a Nitride Compound Semiconductor and Phosphor Containing Garnet Fluorescent Material” (’925 Patent), and 7,531,960 entitled “Light Emitting Device with Blue Light LED and Phosphor Components” (’960 Patent).

Everlight suffered a setback later that year when the court granted Nichia’s motion to dismiss the inequitable conduct claims.

However, the Taiwanese company scored a big victory recently when the Michigan jury unanimously found multiple claims of the ‘925 and ‘960 Patents invalid.  More particularly, claims 2, 3 and 5 of the ‘925 Patent were found to be invalid due to obviousness, claims 2, 14 and 19 of the ‘960 Patent were found to be invalid due to obviousness, and claims 14 and 19 of the ‘960 Patent were also found invalid for lack of enablement.

The jury declined to find claims 2, 3 or 5 of the ‘925 Patent to be invalid on the additional enablement ground.

While this is an important win for Everlight, it is just one battle in a sprawling patent war between these two LED rivals.  The litigation dates back to 2005 when Nichia first targeted Everlight for patent infringement and extends to various venues around the world.

Nichia has sued an Everlight customer in a Tokyo District Court asserting the Japanese counterpart to the ‘960 Patent (Japanese Patent No. 4350094).  Nichia also filed suit against Everlight in Germany asserting the European counterpart to the ’925 Patent (European Patent No. EP 0 936 682).

In addition to this DJ action, Everlight has filed a number of reexaminations proceedings targeting Nichia’s LED patents.