Archive for the ‘LED Patents’ category

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.

The Top Green IP Stories of 2013

January 13th, 2014

Before we turn to new green IP issues as they unfold in 2014, here is a look back at some of the top stories from 2013.

 

No. 7:  Green Patent PR

Clean tech is competitive, and PR is one of the tools used to stand out in a competitive industry.  But who would have thought PR around green patents could be so prevalent and contentious?  After DuPont sued Heraeus for alleged infringement of a patent directed to solar paste, the chemical giant put out a press release about filing the suit and the problem of IP theft in clean tech.

Heraeus counterclaimed for unfair competition and later threatened a separate lawsuit over the press release.  DuPont then filed a declaratory judgment action asking an Oregon federal court to declare that the company’s press release and customer letters about its patent infringement suit against Heraeus do not violate unfair competition laws.

My research indicates that clean tech companies engage in a substantial amount of PR around patent matters, with the clean tech industry generating the fifth highest number of patent-focused press releases.  DuPont’s disputed press release notwithstanding, the vast majority of clean tech industry press releases relate to patent prosecution.

 

No. 6:  Boston University Leads LED Lit

LED patent litigation continued to grow in 2013.  Leading the way this past year was the Trustees of Boston University, which sued dozens of defendants including AU Optronics, BlackBerry Corporation, Dell, Fujifilm, HTC, Eastman Kodak, Olympus, Sharp, and Sony.

The patent in these suits is U.S. Patent No. 5,686,738, entitled “Highly insulated monocrystalline gallium nitride thin films” and directed to gallium nitride semiconductor devices and methods of preparing highly insulating GaN single crystal films in a molecular beam epitaxial growth chamber.

 

No. 5:  Criminalizing Greenwashing 2.0

As discussed in this space, a new greenwashing paradigm has emerged where cases are brought by or on behalf of commercial consumers and involve B-to-B communications and misrepresentations (as opposed to advertising of consumer products directed to individual consumers).

In 2013 we began to see a new species of greenwashing 2.0 case:  criminal actions brought by governmental authorities for environmental crimes and fraud (see, e.g., here and here).

In one case a Colorado company called Executive Recycling and some of its officers were sentenced to imprisonment and fines for falsely representing that the company would dispose of all electronic waste (mostly cathode ray tubes) in an environmentally friendly manner in the United States when it instead sold the electronic waste it received to brokers for export overseas to China and other countries.

In another, the feds prosecuted companies for allegedly generating and selling fraudulent Renewable Energy Credits (RINs), and Cargill separately brought a civil action involving similar allegations.

 

No. 4:  Sinovel Faces Criminal Indictment in US

The AMSC- Sinovel copyright and trade secret dispute involving wind turbine control systems was big news in 2012, but legally speaking, mostly civil.

That changed in 2013 when the U.S. Department of Justice filed an indictment in federal court in Wisconsin alleging that Sinovel, two of its employees, and a former AMSC employee conspired to commit trade secret theft and criminal copyright infringement.

The indictment said the purpose of the alleged conspiracy was to illegally obtain proprietary source code, software, equipment designs and technical drawings relating to AMSC’s wind turbine control systems., thereby cheating AMSC out of more than $800,000,000.

 

No. 3:  Greenwashing Costs LED Maker $21 Million

In an indication of how seriously the American justice system may now be taking greenwashing, a Los Angeles federal court enjoined LED maker Lights of America (LOA) and ordered the company to pay $21,165,863.47.

This followed a decision holding that LOA violated Section 5 of the FTC Act by making false claims about LED lamps replacing certain wattage incandescent lamps and about the lifetime of the company’s LED lamps.

The case was brought by the FTC, America’s competition and consumer watchdog agency.  The FTC was to receive the $21 million, and the court directed the FTC to deposit the money into a redress fund to be used for consumer redress.

 

No 2:  Burgeoning Biofuels Battles

While The Gevo-Butamax litigation was a major story of 2012, notable both for its size and as the first foray of big oil into biofuels patent suits, biofuels patent litigation in general makes the 2013 list.

Not only did Gevo and Butamax continue their “patent war over who can make biobutanol,” with big decisions starting to come down, but Danish enzyme maker Novozymes also was active in the courts, Danisco scored a big summary judgment win against Novozymes, GreenShift expanded its ethanol production patent enforcement campaign, and Neste’s biodiesel patent suits changed direction with the court staying the suits pending reexamination of the asserted patents.

 

No. 1:  Solar Patent Surge

Since the start of green patent history (admittedly a very brief era in the cosmic scheme of things), as recorded by the Clean Energy Patent Growth Index (CEPGI), fuel cells dominated other technologies and perennially led the green patent rankings.

That changed in 2013.  In its first-quarter report the CEPGI noted that the 217 solar patents granted were just one behind fuel cells’ 218, “the smallest differential on record [suggesting] that Solar patents are poised to pass Fuel Cell patents.”

As predicted, the Q2 report showed solar patents beating out fuel cell patents for the first time, surging ahead with 246 solar patents granted in the second quarter, with fuel cell patents in second place at 209.

According to CEPGI, “Solar patents’ quarterly win makes clear that innovation in this sector continues at a rapid pace despite the failures and consolidations of solar firms across that board that dominate cleantech media reports.”

 

Correction:  The e-alerts for the previous post announcing the opening of Green Patent Law indicated that they were sent from my old email address.  I think that problem has been corrected.  My new email address is elane@greenpatentlaw.com. 

 

 

 

 

Clean Tech in Court: Green Patent Complaint Update

November 8th, 2013

A number of green patent complaints have been filed in the last several weeks in the areas of biofuels production, recycled food service products, LEDs, reusable diapers, water conservation, and gas conversion technology.

 

Biofuels

Novozymes A/S v. Boli Bioproducts USA, LLC

Filed September 11, 2013 in U.S. District Court for the Eastern District of Missouri, Danish corporation Novozymes’ complaint accuses Boli Bioproducts, a Missouri company, of infringing U.S. Patent No. 6,255,084 (’084 Patent).

The ’084 Patent is entitled “Thermostable glucoamylase” and directed to an isolated glucoamylase enzyme which has higher thermal stability than prior glucoamylases.  The patent also claims starch conversion processes using the enzyme. 

The accused product is a glucoamylase enzyme called BOLI GA 130, used for producing glucose from starch in fuel ethanol production and other industrial processes.

 

Recycled, Compostable Food Service Products

Eco-Products, Inc. v. World Centric

Eco-Products, a Boulder, Colorado, company that makes food service products such as cups, containers, plates, and utensils, from renewable and recycled resources, has asserted four design patents against competitor World Centric.

The patents-in-suit are U.S. Patent Nos. D688,552, D684,050, D684,465 and D684859, each entitled “Food container.”

The complaint, filed September 11, 2013 in the U.S. District Court for the District of Colorado, alleges that World Centric’s “Fiber Compost-A-Pack” product infringes the asserted patents.

 

Reusable Diapers

Kanga Care LLC v. GoGreen Enterprises LLC

In this lawsuit between Colorado competitors in the reusable diaper space, Kanga Care sued GoGreen Enterprises for alleged infringement of U.S. Patent No. 8,425,483 (’483 Patent).

The ’483 Patent is entitled “Double gusset cloth diaper along with method for making the same” and directed to a reusable diaper including an exterior panel having a surrounding outer edge margin, an interior panel comprising micro-chamois material and joined to the outer edge margin, and an absorbent pad removably insertable between the interior and exterior panels.

The patented diaper has a first gusset diaper to form a first seal between the inner surface and the legs of the user and a second gusset attached proximate the first gusset.

Kanga Care’s complaint was filed October 11, 2013 in the U.S. District Court for the District of Colorado, and the accused produts are GoGreen’s Champ cloth diapers using dual gusset technology.

 

Water Conservation

D.S. Magic Tech LLC v. Green Light Energy Conservation LLC

D.S. Magic Tech, a New York corporation that installs and distributes water conservation products, sued Green Light for alleged infringement of U.S. Patent No. 8,511,347 (’347 Patent).

The ’347 Patent is entitled “Tamper-resistant water flow restriction system” and directed to a flow restrictor assembly and method for installing the assembly in a  shower.  The invention prevents tampering by concealing the flow restrictor assembly behind a shower wall, attached directly to a water supply line.

The complaint was filed in federal court in Brooklyn, New York on October 8, 2013, and accuses Green Light of selling flow restrictor assemblies and related services that infringe the ’347 Patent.

 

Gas Conversion

Sasol North America, Inc. v. GTLpetrol LLC

Sasol North America (Sasol) is a Houston corporation, and part of South African company Sasol Technology.  Sasol designs and operates gas-to-liquid (GTL) plants for converting natural gas to higher value liquid hydrocarbons such as diesel.

On October 3, 2013 Sasol filed a declaratory judgment action in federal court in Houston, Texas for a judgment that it does not infringe U.S. Patent No. 6,534,551 (’551 Patent), to which GTLpetrol has license rights, and that the ’551 Patent is invalid.

‘The ’551 Patent is entitled “Process and apparatus for the production of synthesis gas” and directed to a process for the production of synthesis gas from a hydrocarbon fuel and steam and/or oxygen where at least part of the required steam is provided by heat exchange against exhaust gas from a gas turbine driving an air separation unit (ASU), and the ASU supplys at least part of the oxygen.

According to the complaint, GTLpetrol met with Sasol about the possibility of partnering on construction of a GTL plant in the United States, but Sasol was unimpressed with the smaller company’s technology proposals and eventually terminated discussions.

Almost two years later, the complaint says, GTLpetrol sent Sasol a cease and desist letter referring to the ’551 Patent and alleging misappropriation of trade secrets.  That letter led to this lawsuit by Sasol.

 

LEDs

Nichia Corporation v. Everlight Electronics Co.

On September 11, 2013 Nichia sued Everlight Electronics in federal court in Marshall, Texas for alleged infringement of U.S. Patent No. 7,432,589 (’589 Patent).  The complaint alleges that Everlight’s LED model 61-238/RSGBB7C-B02/ET infringes the ’589 Patent.

The ’589 Patent is directed to a semiconductor device capable of preventing an adhesive for die bonding from flowing to a wire bonding area.  The semiconductor device includes a housing wherein the wall is formed to extend across the bottom surface of a recess so as to divide the surface of the first lead electrode into a die bonding area and a wire bonding area.

This is not the first lawsuit between these LED rivals (see, e.g., here).

 

Trustees of Boston University LED lawsuits

Boston University launched a huge series of patent infringement lawsuits on September 20, 2013 in federal court in Boston.  There are about 35 new suits - too many to list and upload all the complaints, though they are all very similar and all assert the same patent.  Here are a couple of exemplary complaints:  BU – Acer Complaint; BU – Canon Complaint.

The patent in these suits is U.S. Patent No. 5,686,738, entitled “Highly insulated monocrystalline gallium nitride thin films” and directed to gallium nitride semiconductor devices and methods of preparing highly insulating GaN single crystal films in a molecular beam epitaxial growth chamber.

Other defendants include AU Optronics, BlackBerry Corporation, Dell, Fujifilm, HTC, Eastman Kodak, Olympus, Sharp, and Sony.  The accused products include digital cameras, smart phones, and other personal electronic devices.

Clean Tech in Court: Green Patent Complaint Update

September 13th, 2013

There have been a number of green patent complaints filed in the last several weeks in the areas of biofuels, LEDs, and smart grid.

 

Biofuels

GS Cleantech Corporation v. Aemetis, Inc. et al.

GS Cleantech Corporation v. Homeland Energy Solutions, LLC

GS Cleantech Corporation v. Little Sioux Corn Processors, LLP

GS Cleantech Corporation v. Southwest Iowa Renewable Energy, LLC

GS recently fired off several new lawsuits involving its patented ethanol production processes.  A complaint filed August 14, 2013 in federal court in Fresno, California accused Aemetis Advanced Fuels of infringing U.S. Patent No. 7,601,858, entitled “Method of processing ethanol byproducts and related subsystems” (’858 Patent).

The other lawsuits, against Southwest Iowa Renewable Energy (Southwest Iowa Complaint), Little Sioux Corn Processors (Little Sioux Complaint), and Homeland Energy Solutions (Homeland Energy Complaint), were filed in July and August in the U.S. District Court for the Northern District of Iowa. 

The asserted patents in these complaints are the ’858 Patent, U.S. Patent Nos. 8,008,516 and 8,283,484, each entitled “Method of processing ethanol byproducts and related subsystems,” as well as U.S. Patent No. 8,008,517, entitled “Method of recovering oil from thin stillage.” 

GS also asserted U.S. Patent No. 8,168,037, entitled “Method and systems for enhancing oil recovery from ethanol production byproducts,” against Homeland Energy Solutions. 

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

Trustees of Boston University v. Hewlett-Packard Co.

Trustees of Boston University v. Vyrian, Inc.

Trustees of Boston University v. Sierra IC, Inc.

In August Boston University initiated some new lawsuits in federal court in Boston, continuing its patent enforcement campaign against various LED makers and electronics manufacturers.  The complaints again assert U.S. Patent No. 5,686,738 (’738 Patent) (HP Complaint; Vyrian Complaint; Sierra Complaint) . 

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

The accused products are various LED devices and products.

 

Koninklijke Philips N.V. v. Altair Engineering, Inc. et al.

Philips sued Altair in federal court in U.S. District Court for the Western District of Wisconsin requesting a declaratory judgment that U.S. Patent No. 7,049,761 (’761 Patent) is invalid and unenforceable and that Philips’ LED-based replacement tube products do not infringe the patent. 

The ’761 Patent is entitled “Light tube and power supply circuit” and directed to a light tube for a fluorescent light fixure having a plurality of light emitting diodes within the bulb.  According to the complaint, Altair has been trying to get Philips to take a license to the ’761 Patent. 

The complaint also charges Altair with a Lanham Act violation for making false or misleading representations that the ’761 is a “foundational” patent and only companies that have licensed the patent can make LED-based replacement tubes for fluorescent lighting fixtures.

 

Smart Grid

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

In what could prove to be an important case, Emerson is taking on a major clean tech non-practicing entity in Sipco LLC (and the closely related if not identical IPCo), an Atlanta patent licensing and assertion company that holds a number of patents, many relating to remote monitoring and control systems.

Filed in federal court in Atlanta on July 31, 2013, the complaint requests a declaratory judgment of invalidity and non-infringement of at least one claim of each of eight Sipco and IPCo patents.

The listed patents are U.S. Patent Nos. 6,437,692, 6,914,8937,103,511, 7,697,4928,013,7326,044,062, 6,249,516 and 8,000,314, which relate to remote monitoring and control systems.

According to the complaint, Emerson subsidiary Rosemount received a subpoena from Sipco requesting information on products including various wireless communication protocol-enable devices such as Zigbee, WirelessHART, ISA-100, Z-Wave, EnOcean and JenNet.

Sipco has sued utilities and various smart grid players that make smart meters, EV charging stations, building automation systems, and other energy management solutions (see, e.g., previous posts here, here, and here).

 

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

August 8th, 2013

The second part of this green patent complaint update covers the period mid-June through most of July, during which several new complaints were filed in the areas of biofuels, components for hybrid and electric vehicles, LEDs, energy efficiency, solar air conditioners, water technology, and waste treatment.

 

Biofuels

GS Cleantech Corp. v. Western New York Energy, LLC

GS Cleantech recently filed another lawsuit, this one against Western New York Energy in the U.S. District Court for the Western District of New York on July 12, 2013. 

The asserted patents are U.S. Patent Nos. 7,601,8588,008,516, and 8,283,484, each entitled “Method of processing ethanol byproducts and related subsystems,” and 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.

According to the complaint, Western New York uses infringing processes performed by ethanol production plants purchased from a plant designer called ICM.  ICM was involved in prior litigation with GS.

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

 

Hybrid and Electric Vehicles

Northern Cable and Automation, LLC v. General Motors Co.

This is a dispute over ownership and inventorship of U.S. Patent No. 7,976,333, entitled “Laminar electrical connector” (’333 Patent) and directed to an electrical connector specifically designed for use in hybrid and electric vehicles.

According to the complaint, filed in the Eastern District of Michigan on July 11, 2013, GM claims that one of its employees should be named as a co-inventor on the ’333 Patent and that Northern Cable, d/b/a, Flex Cable is obligated to assign certain rights in the patent to GM.

Flex Cable alleges that the inventor, Erwin Kroulik, conceived of the invention of the ’333 Patent before the date of an agreement with GM, and therefore Flex Cable is not obligated to assign any rights in the ’333 Patent to GM. 

 

LEDs

Trustees of Boston University v. Apple, Inc.

On July 2, 2013 BU filed another lawsuit in federal court in Boston, continuing its patent enforcement campaign against various LED makers and electronics manufacturers.  The complaint again asserts U.S. Patent No. 5,686,738 (’738 Patent). 

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

The accused products are the iPhone 5, iPad, and MacBook Air that include allegedly infringing LED devices.

 

Energy Efficiency

Efficiency Systems, LLC v. Cisco Systems, Inc.

Efficiency Systems, LLC v. Dell Inc.

Efficiency Systems, LLC v. IBM Corp.

Efficiency Systems, LLC v. Oracle Corp. et al.

On June 28 and 29, 2013, Efficiency Systems fired off four patent infringement suits in federal court in Delaware against Cisco (Cisco complaint), Dell (Dell complaint), IBM (IBM complaint), and Oracle (Oracle complaint).

Each complaint asserts U.S. Patent No. 6,986,069, entitled “Methods and apparatus for static and dynamic power management of computer systems” (’069 Patent).  The ’069 Patent is directed to a power authority system for manipulating the aggregate power consumption levels of multiple computer systems by managing the power consumption levels of the computer systems.

The accused systems include various server systems, computer systems and components containing power management features.

 

Solar Air Conditioners

Sedna Aire USA Inc. v. Eco Solar Technologies, Inc.

Sedna Aire recently sued Eco Solar for alleged infringement of U.S. Patent No. 8,448,458, alleged cybersquatting, and alleged passing off in connection with use of the mark SOLAR COOL (and Design).

The ’458 Patent is entitled “Solar collector and solar air conditioning system having the same” and directed to a solar air conditioning system including a solar collector.  The system superheats working fluid using radiant energy from the sun and delivers the working fluid as a superheated and higher-pressure gas to a condenser within the solar air conditioning system.

Filed June 24, 2013 in U.S. District Court for the Southern District of Florida, the complaint alleges that Eco Solar is selling a solar air conditioner based on Sedna’s patented design and engaging in unauthorized use of the SOLAR COOL trademark.

 

Water Purification

Aquatech International Corp. v. Veolia Water West Operating Services, Inc. et al.

On June 27, 2013, Aquatech filed a complaint against Veolia in the Western District of Pennsylvania, alleging infringement of two patents relating to water purification technology.

The asserted patents are U.S. Patent Nos. 5,925,255 and 6,537,456, each entitled “Method and apparatus for high efficiency reverse osmosis operation.”  The patents relate to Aquatech’s HERO water purification process, a high efficiency reverse osmosis water purification process which is used in many industries including power generation, petrochemical, and microelectronics. 

The accused process is Veolia’s OPUS technology, which the complaint alleges Veolia is using in various locations including a Chevron oil production field in San Ardo, California and the Arroyo Grande Oilfield in San Luis Obispo County, California.

 

Waste Treatment

Trunzo v. Grobstein

In this suit filed June 25, 2013 in federal court in Los Angeles, Michael Trunzo sued the trustee for the bankruptcy estate of debtor International Environmental Solutions Corporation (IES) and purchasers of IES’s assets for alleged infringement of U.S. Patent No. 5,868,085 (’085 Patent).

Entitled “Pyrolytic waste treatment system,” the ’085 Patent is directed to a system for pyrolysis of hydrocarbon constituents of waste material including a heating chamber in communication with the atmosphere via a first valve and in communication with a pyrolysis chamber via a second internal valve.

The complaint alleges that the defendants have infringed the ’085 Patent by reverse engineering a waste-to-energy unit, and the defendants have issued a distributorship/developers license to defendant Wayne Herling for the purpose of marketing, distributing and selling the the allegedly infringing units.