Archive for the ‘LED Patents’ category

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.

Clean Tech in Court: Green Patent Complaint Update

March 24th, 2015

In January and February, there were a number of green patent infringement lawsuits filed in the areas of biofuels, hybrid vehicles, LEDs, smart grid, advanced batteries, solar power, and water meters.

Advanced Batteries

BASF Corporation et al. v. Umicore N.V. et al.

In this lawsuit BASF and UChicago Argonne, LLC accuse Umicore and Makita Corporation of unfair trade practices, antitrust violations, and infringement of two patents relating to cathode materials for lithium-ion batteries.

The patents-in-suit are U.S. Patent Nos. 6,677,082 (’082 Patent) and 6,680,143 (’143 Patent), both entitled “Lithium metal oxide electrodes for lithium cells and batteries” and directed to a lithium metal oxide positive electrode for a non-aqueous lithium cell.

The cell is prepared in its initial discharged state and has a general formula xLiMO2.(1−x)Li2M′Oin which 0<x<1, and where M is one or more ion with an average trivalent oxidation state and with at least one ion being Mn or Ni, and where M′ is one or more ion with an average tetravalent oxidation state.

According to the complaint, Umicore is selling cathode materials that infringe the ’082 and ’143 Patents, and Makita is one of the companies importing and selling batteries incorporating the materials.  The lawsuit was filed February 20, 2015 in the U.S. District Court for the District of Delaware.

Biofuels

C T E Global, Inc. v. Novozymes A/S

In a complaint filed January 9, 2015 in the U.S. District Court for the Northern District of Illinois, C T E Global seeks a declaratory judgment of invalidity and non-infringement of two Novozymes patents relating to an enzyme used in biofuel production.  The patents are 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, particularly in production of ethanol.

Novozymes and C T E previously litigated these patents and settled the case in 2012.  According to C T E, the ’084 and ’468 Patents are invalid in light of the U.S. Supreme Court Myriad Genetics decision holding that isolated natural products are not patent eligible subject matter.

Superior Oil Company, Inc. v. Solenis Technologies L.P.

This is not a patent infringement suit, but rather a priority /ownership dispute in which Superior Oil claims that the inventors of its patent for a method for recovering oil from the byproducts of ethanol production using various surfactants were the first to invent the technology.

Superior Oil’s patent is U.S. Patent No. 8,962,059, entitled “Bio-based oil composition and method for producing the same” (’059 Patent).  In its complaint, Superior Oil requests that the court declare that an interference-in-fact exists between the ’059 Patent and U.S. Patent No. 8,841,469 (’469 Patent), entitled “Chemical additives and use thereof in stillage processing operations” and owned by Solenis Technologies.

The complaint was filed February 24, 2015 in the U.S. District Court for the District of Delaware.

Hybrid Vehicles

Somaltus LLC v. Ford Motor Company

Somaltus filed this complaint for patent infringement in the U.S. District Court for the Eastern District of Texas on February 12, 2015.  Somaltus alleges that Ford infringes U.S. Patent No. 7,657,386 (’386 Patent) by selling vehicles equipped with an infringing hybrid battery system.

The ’386 Patent is entitled “Integrated battery service system” and directed to an integrated battery service system that performs a plurality of services related to a battery, such as battery testing, battery charging, and the like. In addition, the integrated service system provides services to devices/components that are coupled to the battery, such as starters, alternators, etc.

Somaltus, a non-practicing entity, has also sued Nissan, Bosch Automotive Service Solutions, Auto Meter Products, and Cadex Electronics.

LEDs

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

North Carolina LED manufacturer Cree sued Feit for alleged infringement of ten utility and design patents relating to LED technologies.  The complaint also alleges that Feit has engaged in false advertising in connection with marketing its LED products.

The patents-in-suit are:

U.S. Patent No. 6,657,236, entitled “Enhanced light extraction in LEDs through the use of internal and external optical elements”

U.S. Patent No. 6,885,036, entitled “Scalable LED with improved current spreading structures”

U.S. Patent No. 6,614,056, entitled “Scalable led with improved current spreading structures”

U.S. Patent No. 7,312,474, entitled “Group III nitride based superlattice structures”

U.S. Patent No. 7,976,187, entitled “Uniform intensity LED lighting system”

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

U.S. Patent No. 8,596,819, entitled “Lighting device and method of lighting”

U.S. Patent No. 8,628,214, entitled “Lighting device and lighting method”

U.S. Design Patent No. D653,366, entitled “LED lamp”

U.S. Design Patent No. D660,990, entitled “LED lamp”

The complaint includes greenwashing allegations as well, specifically that Feit’s advertising falsely suggests that some of its LED products meet the Energy Star standard relating to Luminous Energy Distribution when the products actually fail to meet this requirement.

Smart Grid

Allure Energy, Inc. v. Honeywell International, Inc. 

On January 29, 2015, Allure Energy sued Honeywell in federal court in Austin, Texas, alleging false advertising and infringement of two patents relating to smart thermostat technology.

The complaint asserts U.S. Patent Nos. 8,626,344 and 8,457,797, both entitled “Energy management system and method” and directed to a wireless thermostat responsive to control action data communicated via a mobile app and other home energy management systems.

The accused device is Honeywell’s Lyric smart thermostat product.

Emerson Electric Co. et al. v. SIPCo LLC et al.

Previous posts (e.g., here and here) reported on SIPCo’s patent enforcement activities.

In this declaratory judgment (DJ) action, filed January 30, 2015 in federal court in Atlanta, Emerson, one of the defendants in SIPCo’s patent infringement suits, seeks a declaratory judgment that the claims of two SIPCo patents are invalid and not infringed.

The patents listed in Emerson’s complaint are U.S. Patent No. 6,044,062, entitled “Wireless network gateway and method for providing same,” and directed to certain wireless network systems having a server providing a gateway between two networks, and U.S. Patent No. 7,103,511, which relates to remote monitoring and control systems.

In 2013, Emerson filed a similar DJ suit against SIPCo targeting several patents.

Solar Power

Beacon Power, LLC v. SolarEdge Technologies, Inc. et al.

Beacon Power sued SolarEdge for patent infringement on January 9, 2015 in federal court in San Antonio, Texas.  The complaint asserts U.S. Patent Nos. 8,102,144 (’144 Patent) and 8,669,675 (’675 Patent), each entitled “Power converter for a solar panel.”

The ’144 Patent is directed to a solar power generation system including a DC-to-DC power converter configured and arranged to convert the raw power output for each solar module to a high voltage and low current output.

The ’675 Patent is directed to a solar power generation system wherein each DC-to-DC power converter is configured and arranged to convert the solar module output power (SOP) for each solar module to a converted solar module output power (COP) having a converted output voltage (COV) that is higher than the SOV and a converted output current (COI) that is lower than the SOI.

The accused products are SolarEdge’s P Series Power Optimizers.

Water Meters

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

Filed February 20, 2015 in federal court in Palm Beach, Florida, Flow Dynamics’ complaint accuses Green4All of infringing U.S. Patent No. 8,707,981 (’981 Patent).

The ’981 Patent is entitled “System for increasing the efficiency of a water meter” and directed to a system and an associated valve assembly adapted to increase the efficiency of an upstream water meter. The valve assembly removes entrained water bubbles from the water supply, increasing the density of the water running through the water meter. This ensures that the water meter is not inaccurately including entrained air as metered water so water readings are more accurate.

Flow Dynamics alleges that Green4All’s H2minusO system infringes the ’981 Patent.

Clean Tech in Court: Green Patent Complaint Update

February 3rd, 2015

Several new green patent complaints were filed in late 2014 (late October, November, and December) in the areas of environmental remediation, LEDs, green dry cleaning solvents, and smart grid.

 

Environmental Remediation

Peroxychem LLC v. Innovative Environmental Technologies, Inc.

Peroxychem sued Innovative Environmental Technologies (IET) for patent infringement in the Eastern District of Pennsylvania.  Filed November 7, 2014, the complaint alleges that IET infringes U.S. Patent No. 7,785,038 (’038 Patent).

The ’038 Patent is entitled “Oxidation of organic compounds” and directed to methods and compositions for treating organic compounds present in soil and groundwater involving the use of a composition comprising a solid state, water soluble peroxygen compound and zero valent iron.

According to the complaint, IET’s activities at a site called Hexcel in Lodi, New Jersey infringe the ’038 Patent.

 

Neochloris, Inc. v. Emerson Process Management Power & Water Solutions, Inc. et al.

Filed December 3, 2014 in the U.S. District Court for the Northern District of Illinois, Neochloris’s complaint alleges that Emerson infringes U.S. Patent No. 6,845,336 (’336 Patent).

The ’336 Patent is entitled “Water treatment monitoring system” and directed to a monitoring system to receive data from water sensors, analyze water quality conditions inputted by the sensors and predict effluent water quality and process upsets.  The monitoring system includes an artificial neural network module to determine solutions to actual and potential water quality and process upsets.

According to the complaint, Emerson’s Delta V System infringes the ’336 Patent.

 

LEDs

Harvatek Corporation v. Cree, Inc.

Just weeks after Cree sued Harvatek for infringement of six patents relating to white light LED technology, Harvatek responded with a lawsuit of its own.  Harvatek filed a complaint December 5, 2014 in the Northern District of California, asserting one patent against Cree.

Entitled “Reflection-type light-emitting module with high heat-dissipating and high light-generating efficiency,” U.S. Patent No. 8,079,737 is directed to a reflection-type light-emitting module that includes a reflection-type lampshade unit with an open casing and a reflective structure formed on the open casing.

The accused products include the Cree LRP-28 series LED lamp.

 

Green Dry Cleaning Solvents

GreenEarth Cleaning, L.L.C. v. Personal Touch Valet Wholesale Bronx, Inc.

Kansas City-based GreenEarth Cleaning holds a number of patents directed to its environmentally friendly dry cleaning methods and solvents.  On December 23, 2014, GreenEarth sued Personal Touch Valet for alleged infringement of U.S. Patent No. 5,942,007 (’007 Patent).

The ’007 Patent is directed to methods and systems of dry cleaning articles comprising several steps including immersing the articles to be dry cleaned in a dry cleaning fluid including a cyclic siloxane composition.

The complaint, filed in the U.S. District Court for the Western District of Missouri, alleges that Personal Touch Valet is in breach of a license agreement with GreenEarth and is infringing the ’007 Patent and several other related patents.

GreenEarth previously sued Glyndon Laundry for patent and trademark infringement.

 

Smart Grid

Endeavor MeshTech, Inc. v. Leviton Manufacturing Co., Inc.

Endeavor MeshTech, Inc. v. Eaton Corporation

On October 31, 2014, Endeavor MeshTech (a wholly-owned subsidiary of patent monetization firm Endeavor IP) filed two more patent infringement complaints.  One was filed against Leviton Manufacturing in the U.S. District Court for the District of Delaware (Endeavor v. Leviton), and the other against Eaton in the Northern District of Ohio (Endeavor v. Eaton).

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.

Clean Tech in Court: Green Patent Complaint Update

November 19th, 2014

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

 

LEDs

Cree, Inc. v. Harvatek Corporation et al.

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

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

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

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

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

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

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

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

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

Cree, Inc. v. Honeywell International Inc.

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

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

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

Smart Grid

Endeavor MeshTech, Inc. v. EnergyHub, Inc.

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

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

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

 

Concentrated Solar Power

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

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

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

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

 

Solar Inverters

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

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

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

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

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

Green Dry Cleaning Solvents

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

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

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

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

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

Water Treatment

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

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

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

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

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

GE Settles Signage LED Patent Suit; Offers Patents for License

November 12th, 2014

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

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

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

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

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

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

Clean Tech in Court: Green Patent Complaint Update

September 11th, 2014

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

 

Solar Power

Conlin v. Solarcraft, Inc.

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

The patents-in-suit are:

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

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

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

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

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

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

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

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

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

Green Chemicals

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

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

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

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

Smart Meters

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

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

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

LEDs

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

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

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

The asserted patents are:

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

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

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

U.S. Patent No. 6,692,136, entitled “LED/phosphor-LED hybrid lighting systems”

U.S. Patent No. 6,788,011, entitled “Multicolored LED lighting method and apparatus”

U.S. Patent No. 6,806,659, entitled “Multicolored LED lighting method and apparatus”

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

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

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

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

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

 

Seoul Semiconductor Co. v. Curtis International Ltd.

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

The following patents are listed in the complaint:

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

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

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

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

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

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

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

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

July 9th, 2014

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

 

Energy Management Software

Intercap Capital Partners, LLC  v. BuildingIQ, Inc.

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

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

LEDs

Honeywell International Inc. v. Cree, Inc.

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

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

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

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

 

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

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

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

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

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

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

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

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

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

U.S. Patent No. 6,692,136, entitled “LED/phosphor-LED hybrid lighting systems”

U.S. Patent No. 6,788,011, entitled “Multicolored LED lighting method and apparatus”

U.S. Patent No. 6,806,659, entitled “Multicolored LED lighting method and apparatus”

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

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

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

 

Smart Meters

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

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

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

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

 

Vertical Axis Wind Turbines

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

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

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

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

Wastewater Treatment

Chaffin v. Braden and LBC Manufacturing

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

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

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

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

June 26th, 2014

A number of green patent complaints have been filed in the last several months in the areas of hybrid electric vehicles, ethanol production, LEDs, water treatment, and exhaust treatment catalysts.  This post covers new lawsuits filed from late 2013 to the end of March 2014.

 

Hybrid Electric Vehicles

Paice LLC v. Ford Motor Company

After major success asserting its patents against Toyota, the HEV development and licensing company Paice is at it again.  On February 19, 2014, Paice sued Ford Motor Company for patent infringement in federal court in Baltimore.

The rather lengthy complaint accuses Ford of infringing U.S. Patent Nos. 7,237,634, 7,104,347, 7,559,388, 8,214,097, and 7,455,134.  These patents are part of a large family tracing priority all the way back to 1999.  Each patent is entitled “Hybrid vehicles” and relates to hybrid vehicles and associated control systems.

In its complaint, Paice lays out the details of, among other things, its collaborative relationship with Ford and how it soured.  The accused products are Ford’s Fusion hybrid and plug-in hybrid, C-Max hybrid and plug-in hybrid, and Lincoln MKZ.

 

Biofuels (Ethanol Production)

GS Cleantech Corporation v. Pacific Ethanol Stockton LLC

GS Cleantech Corporation v. Pacific Ethanol Magic Valley, LLC et al.

GS recently initiated two new lawsuits involving its patented ethanol production processes.  A complaint filed March 17, 2014 in federal court in Sacramento, California accused Pacific Ethanol Stockton of infringing U.S. Patent No. 7,601,858, entitled “Method of processing ethanol byproducts and related subsystems” (’858 Patent).

The next day, GS sued Pacific Ethanol Magic Valley in the U.S. District Court for the District of Idaho.  The Idaho complaint asserted the ’858 Patent as well as U.S. Patent Nos. 8,008,516 and8,283,484, each entitled “Method of processing ethanol byproducts and related subsystems,” and as U.S. Patent No. 8,008,517, entitled “Method of recovering oil from thin stillage.”

The patents relate to methods of recovering oil from byproducts of ethanol production using the process of dry milling, which creates a waste stream comprised of byproducts called whole stillage.

GS has been on an aggressive patent enforcement campaign over the last several years.  Multiple actions were consolidated in the Southern District of Indiana, where the asserted patents were construed and re-construed.

 

LEDs

Luminus Devices, Inc. v. LED Engin, Inc.

Making its first green patent litigation appearance (to my knowledge), Massachusetts based Luminus Devices sued LED Engin in the U.S. District Court for the Northern District of California.

Filed back in November 2013, the complaint accuses LED Engin of infringing U.S. Patent No. 7,170,100 (’100 Patent).  Entitled “Packaging designs for LEDs,” the ’100 Patent is directed to an array of LEDs and an LED package.

The package includes a layer configured so that at least about 75% of the light that that emerges from the LED and impinges on the layer passes through the layer. The layer is disposed such that a distance between the surface of the LED and a surface of the layer nearest to the surface of the LED is from about five microns to about 400 microns.

The accused products are several LED emitters allegedly made and sold by LED Engin.

 

Lighting Science Group Corporation v. Cooper Lighting, LLC

On February 6, 2014 Florida LED lighting company Lighting Science Group (LSG) sued rival Cooper Lighting for patent infringement in federal court in Orlando.

The complaint alleges that Cooper infringes U.S. Patent No. 8,201,968 (’968 Patent) by its manufacture and sale of the Halo LED Recessed White Surface Disk Light products.

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.

 

Water Treatment

Envirogen Technologies, Inc. v. Maxim Construction Corporation

Envirogen Technologies, a Texas company that makes water purification systems, recently filed a lawsuit for breach of contract and patent infringement against Maxim Construction.

Filed March 25, 2014 in the U.S. District Court for the Northern District of Illinois, the complaint lists three patents – U.S. Patent Nos. 7,309,436 (’436 Patent), 6,878,286 (’286 Patent) and 7,041,223 (’223 Patent).

Entitled “High efficiency ion exchange system for removing contaminants from water,” the ’286 and ’223 Patents are related and are directed to a fixed bed ion exchange water purification system that combines features of single fixed bed ion exchange systems with those of a moving bed system.

The ’436 Patent is entitled “Process for removing perchlorate ions from water streams” and directed to methods and systems for removing perchiorate from water.

According to the complaint, Maxim failed to make all payments under a contract to purchase an Envirogen water purification system, and therefore its use of the system is unlicensed and infringing.

 

Exhaust Treatment Catalysts

EmeraChem Holdings, LLC v. Volkswagen Group of America, Inc.

EmeraChem Holdings, a Tennessee-based company that creates catalysts for gas and liquid fuels, sued Volkswagen in federal court in Knoxville, Tennessee on March 31, 2014.

The complaint asserts infringement of U.S. Patent Nos.:

 5,451,558, entitled “Process for the reaction and absorption of gaseous air pollutants, apparatus therefor and method of making the same”;

5,599,758, entitled “Reduction of absorbed nitrogen oxides by reaction with gas flow containing hydrogen and/or carbon monoxide”;

5,953,911, entitled “Regeneration of catalyst/absorber”;

6,037,307 , entitled “Catalyst/sorber for treating sulfur compound containing effluent”: and

7,951,346, entitled “Methods and systems for reducing particulate matter in a gaseous stream”.

According to the complaint, Volkswagen’s diesel powered vehicles equipped with exhaust treatment systems, NOx storage catalyst, and other exhaust treatment catalysts infringe one or more of the patents.

Federal Circuit Gives GE LED Patents New Life in Suit Against AgiLight

May 30th, 2014

 

A previous post discussed AgiLight‘s summary judgment win at the district court level where the LED lighting developer’s products were found not to infringe two GE patents, U.S. Patent Nos.7,633,055 (’055 Patent) and 7,832,896 (’896 Patent)

Two other GE patents  - 7,160,140 entitled “LED string light engine” (’140 Patent) and 7,520,771 entitled “LED string light engine and devices that are illuminated by the string light Engine”(’771 Patent) - had previously been found not infringed in an earlier summary judgment decision.

The ’055 and ’896 Patents are entitled “Sealed light emitting diode assemblies including annular gaskets and method of making same” and “LED light engine,” respectively, and relate to LED string light engine structures and assembly methods.

GE appealed, and a recent decision by the Court of Appeals for the Federal Circuit reversed the grant of summary judgment with respect to the ’896 Patent (and the two other GE patents) and affirmed summary judgment with regard to the ’055 Patent.

The Federal Circuit found the district court’s interpretation of the claim term “IDC connector” in the ’140 and ’771 Patents was incorrect and unduly narrow.  The district court limited it to a more specialized connector having four electrical terminals and a two-part housing that snaps together so the terminals pierce the conductor’s insulation.

The term should have been construed consistent with its ordinary meaning of “a connector that displaces insulation surrounding an insulated conductor to make electrical contact with the conductor.”

The issue for the ’896 Patent was whether the claim term “substantially ellipsoidal inner profile” means the entire inner profile of the LED lens must be substantially ellipsoidal or only a portion is substantially ellipsoidal.  The district court held that the entirety of the lens must be substantially ellipsoidal, and AgiLight’s product did not infringe because it included non-ellipsoidal, conical portions.

The Federal Circuit disagreed, observing that in the only embodiment disclosed in the ’896 Patent (in Figure 7, reproduced below) the bottom half of the lens is not ellipsoidal:

According to the patent, the inner profile 152 of Figure 7 is ellipsoidal.  It is undisputed that only a portion of the inner profile 152 (the part above the line at 152) is substantially ellipsoidal.  The bottom half of that inner profile (the portion below the line at 152) is not arguably substantially ellipsoidal.

Thus, there was a genuine factual dispute as to whether the AgiLight product includes a “substantially ellipsoidal profile” and summary judgment was improper:

A key claim term at issue with respect to the ’055 Patent was an “annular gasket,” which the district court had interpreted to require an opening in its center that is capable of sealing off its center area.

In the the ’055 Patent, this feature is shown in Figure 4, where the annular gasket 32 surrounds LED 16 before a generally hollow member (not shown) is sealed against the top of the annular gasket to fully enclose the LED.

The court determined that the AgiLight lens (shown below) is not an “annular gasket” because the inner surface lacks an “opening” as required by the court’s interpretation of the term.  The Federal Circuit agreed, noting that a concave inner surface cannot be an opening.  So GE will get another opportunity to prove infringement of three the four patents asserted against AgiLight.