Archive for the ‘Solar Power’ category

NREL’s Optical Furnace is Heating Up Solar

January 31st, 2012

The photovoltaic (PV) manufacturing process typically requires solar cells to be heated to extremely high temperatures.  Traditional methods for heating involve utilizing conventional electric or infrared furnaces to heat the cells for long periods of time.

The heating process allows for the fabrication of the cells but is very expensive and results in impurities and imperfections in the PV cells.

The National Renewable Energy Laboratory (NREL), the only federal laboratory exclusively dedicated to the research, commercialization and development of renewable energy and energy efficiency technologies, has developed an optical furnace that may change the solar industry.

The optical furnace is able to heat PV cells more effectively at a fraction of the cost of traditional methods, which may result in a higher quality product at a lower cost.

The optical furnace is described in U.S. Patent Number 5,577,157, entitled “Optical Processing Furnace with Quartz Muffle and Diffuser Plate ” (’157 Patent) and U.S. Patent Application Number 2011/0003485, entitled “Optical Cavity Furnace for Semiconductor Wafer Processing” (’485 Application).

Figure 1 of the ’485 Application depicts an embodiment of the optical furnace.  The furnace includes a bank of optical energy sources 12 a-n and reflectors 14 surrounding a transport system 22 enclosed in a cavity 18.

According to both the ’157 Patent and the ’485 Application, it is advantageous if the optical reflectors are made of a diffuse rather than a specular material.  A diffuse reflector is advantageous becuase it ensures the optical energy is reflected evenly within the furnace cavity with a minimum of energy loss.

Figure 2 of the ’157 Patent shows another view of the optical furnace.  The figure shows a bank of optical energy sources 21 above the furnace cavity 7.  The cavity consists of a diffuse reflector box 15, 16, 17, 18 made of quartz, called the quartz box or muffle. 

The figure also depicts a diffuser plate 9.  The diffuser plate is also made of quartz and is placed on top of the quartz muffle in order to protect the muffle from the high energy released by the optical energy sources. 

If the quartz muffle were to be damaged, replacement costs would be very high and the process would be time consuming.  The diffuser plate is designed to be quickly and inexpensively replaced when damage occurs.

According to NREL, their optical furnace can potentially increase PV efficiency by four percentage points (from 16 to 20 percent).  This would represent a major increase in efficiency.

Further, NREL is working in conjunction with AOS, Inc. to produce a manufacturing sized furnace. NREL anticipates this manufacturing furnace will be able to produce 1,200 highly efficient solar cells per hour.  The increase in efficiency and manufacturer-scale production will all occur at a quarter of traditional PV manufacturing costs.

These improvements and reduced costs will hopefully mean better and less expensive PV cells on the market in the near future.

David Gibbs is a contributor to Green Patent Blog.  David is currently in his third and final year at Thomas Jefferson School of Law in San Diego.  He received his undergraduate degree in Geology from the University of California, Berkeley.

Clean Tech in Court: Green Patent Complaint Update

January 29th, 2012

There have been a few green patent complaints filed in the last several weeks in the areas of LEDs, solar power, and biofuels.

 

LEDs

Fiber Optic Designs, Inc. v. Seasons 4, Inc.

Filed December 16, 2011 in the Eastern District of Pennsylvania, Fiber Optic Designs’ (FOD) complaint (FiberOptic_Complaint) alleges that Seasons 4 is infringing two patents directed to light strings containing light emitting diodes. 

The two asserted patents are of the same family, U.S. Patents Nos. 7,220,022 and 7,934,852, both entitled “Jacketed LED assemblies and light strings containing same.”

 

Solar

Zep Solar Inc. v. Westinghouse Solar Inc.

In the latest missive in this growing legal battle, Zep has asserted U.S. Patent No. 7,592,537 (’537 Patent) against Westinghouse (formerly Akeena Solar).  The ’537 Patent is entitled “Method and apparatus for mounting photovoltaic modules” and is directed to an interlocking PV module array.

Although the complaint is not publicly available, we have this Filing Report (Zep-Westinghouse_Report) and Westinghouse’s Answer (Westinghouse_Answer) in the case, filed December 20, 2011 in the Northern District of California, San Francisco Division.

The accused device is Westinghouse’s Andalay Groove Interlock product, and other named defendants are Andalay Solar, Lightway Green New Energy, Brightway Global, Morrison Supply Company, Sky Solar Solutions, and Alternative Power & Electric. 

This lawsuit follows other actions between these two competing solar installers (see more details in a previous post here), which now have cross claims of patent infringement in multiple forums.

 

Biofuels

Gevo, Inc. v. Butamax Advanced Biofuels LLC

Another growing patent dispute is the one between Butamax, a BP-DuPont joint venture, and Colorado advanced biofuels startup Gevo (read prior posts about the dispute here and here), which now includes cross claims of patent infringement in multiple forums.

In the latest complaint (Gevo-Butamax_Complaint), filed in the District of Delaware on January 24, 2012, Gevo accuses Butamax of infringing U.S. Patent No. 8,101,808 (’808 Patent) by performing certain isobutanol production processes.

The ’808 Patent, granted on January 24, 2012, is entitled “Recovery of higher alcohols from dilute aqueous solutions” and directed to methods of recovering C3-C6 alcohols from a fermentation broth.

Interestingly, I believe the Gevo-Butamax litigation is the first instance of biofuels patent litigation involving one of the oil majors.

Painting the Town Green

January 23rd, 2012

A team of researchers at the University of Notre Dame, led by Prashant V. Kamat, has developed a semi-conductive paint that turns surfaces on which it is applied into solar cells.

The solar paint is described in U.S. Patent Application Publication No. 2009/0114273 (’273 Application), entitled “Nanomaterial Scaffolds for Electron Transport”.

Single wall carbon nanotubes (SWCNT) create the scaffold architecture, which allows electrons to move more efficiently than prior art vis-a-vis nanoparticles or quantum dots.

The nanoparticles are coated in titanium dioxide and either cadmium sulfide or cadmium senenide.  The particles are then suspended in a water and alcohol mixure to form a paste.

Figure 1 depicts the improvement made in the ’273 Application (Figure 1B) over the prior art (Figure 1A).  Figures 10A and 10B depict random electron transport versus direct electron transport utilizing the nanotubes described in the ’273 Application.

According to the ’273 Application, because of the SWCNT’s special properties, it can boost the solar paint’s photoconversion efficiency:

The unique electrical and electronic properties, wide electrochemical stability window, and high surface area render SWCNT beneficial as a scaffold to anchor light harvesting assemblies.  In accordance with an embodiment, the electron accepting ability of semiconducting SWCNT thus offers an opportunity to facilitate electron transport and thus increase the photoconversion efficiency of nanostructure semiconductor based solar cells.

See Kamat’s article about the paint, dubbed “Sun-Believable,” here.

The possibilities surrounding an inexpensive and efficient solar paint are clear, as it could be applied on everyday surfaces like fences and homes to generate electricity. This product could be a huge breakthrough for renewable energy production.

See a short video about how solar paint works here.

Appeals Court Affirms Shrink Link in Solar Cell Encapsulant Trade Secret Case

December 13th, 2011

 

Specialized Technology Resources (STR) is a Connecticut-based company that makes plastic sheeting material for encapsulating solar cells. 

In the 1990′s, STR engaged in about five years of intensive R&D to develop a proprietary method to produce a “low-shrink” ethylene vinyl acetate (EVA), which avoided shrinkage of the resulting encapsulant.

STR began manufacturing and selling its low shrink EVA in late 1996 and subsequently grew to hold about 25% of the global market for EVA encapsulants.

James P. Galica was the director of STR’s materials science division during the low shrink EVA R&D project and oversaw the project team.  Galica left STR in 2005 and joined JPS Elastomerics in 2006.

Shortly thereafter, JPS began producing and selling an encapsulant product using a method substantially identical to the one developed by STR.

STR sued JPS and Galica in state court in Massachusetts for breach of Galica’s employment contract, misappropriation of trade secrets, and violation of the state’s unfair trade practices law. 

The trial judge, contrary to the jury’s findings, held that JPS and Galica misappropriated STR’s trade secret and thereby engaged in unfair trade practices.  The trial court enjoined JPS from producing low shrink EVA for five years, and the defendants appealed the decision.

Recently, a Massachusetts Appeals Court affirmed (JPS_Decision) the trial judge’s holding of liability on trade secret misappropriation and violation of the Massachusetts unfair trade practices statute. 

The appeals court agreed the evidence demonstrated that it was Galica’s knowledge of the causes of shrinkage, gained from STR’s trade secret method, which yielded the low shrinkage properties in JPS’s process:

Prior to Galica’s employment by JPS, JPS did not manufacture or produce EVA by any means.  Prior to development of its trade secret method, STR produced EVA by contentional methods, but the resulting product did not have low shrink characteristics.  The trial judge found that, under Galica’s supervision, JPS was able to modify its production processes in a manner which utilized [STR's] discovery about the causes of shrinkage, but which employed adjustments to the production sequences different from those incorporated in the particular method which constituted STR’s trade secret method.

Thus, the 5-year injunction was justified:

Because the method developed by JPS derived from specialized knowledge brought by Galica from STR to JPS, and particularly because the evidence suggested that JPS would not have been able to develop such a method independently, the judge’s order enjoining JPS from production of low shrink EVA by any means for a period of five years (a period equivalent to the time STR spent in development of its trade secret method) was justified.

 

Guest Post: Green IP Litigation in the Great White North

December 6th, 2011

 

A recent decision in the Federal Court of Canada spotlights green IP litigation in Canada.

On October 5, 2007 Hollick Solar Systems Limited (Hollick) and Conserval Engineering Incorporated (Conserval), which specializes in solar air heating technology, commenced a patent and trade-mark infringement proceeding against several parties, including Matrix Energy Incorporated, a distributor of renewable energy equipment.

Hollick and Conserval claimed infringement of claims 1 and 10 of Canadian Letters Patent 1,326,619, entitled “Method and apparatus for preheating ventilation air for a building” (’619 Patent).

As to the trade-mark, Hollick and Conserval alleged infringement and depreciation of the value of the goodwill of their trade-mark SOLARWALL® by the sale of the Matrixair system and the use of “mur solaire” and passing off by Matrix for the systems of Conserval.

The ’619 Patent is directed to a method of preheating ventilation air and an apparatus for preheating ventilation air by solar means. 

More particularly, according to the Abstract of the ’619 Patent, ventilation air for a building is preheated by providing on a wall of the building a solar-energy absorbent collector panel with a plurality of air-inlet openings which communicate with air collection channels behind the panel.

 

Outside air passing upwardly along the panel is heated by the heat of the panel, which itself is heated by a combination of solar radiation and heat being lost from the interior of the building.

The case focused on whether the term describing the location of the inlet “at the top” was an essential element of the claims at issue. 

Matrix asserted non-infringement of claims 1 and 10 of the ’619 Patent because the inlet of the accused system was at the bottom, or at least not at the top.

Matrix also contended non-infringement of the trade-mark SOLARWALL® on the ground that the trade-mark was outside the scope of a distribution agreement between Matrix and Hollick.

The Federal Court, in construing the claims at issue, concluded:

the location of the inlet in the Matrix system (at the bottom or at least below the midpoint) had a material effect upon the way the invention worked and did not perform essentially the same as the invention of the ’619 Patent;

that it would have been obvious to an expert in the field that drawing air from the bottom or at least below the midpoint of the panel would have a material effect upon the invention; and

the person skilled in the art would have understood that strict compliance with the term “at the top” was an essential element of the invention.

The court further noted the contradictory testimony of an expert for Hollick and Conserval, whose statements in another case directly conflicted with his testimony in this case.

The court also determined non-infringement of the trade-mark because Hollick and Conserval failed to prove loss of sales from use of the trade-mark by Matrix.

Marcelo König Sarkis, P. Eng., FIPIC, is a Senior Patent Agent and Professional Engineer with Heenan Blaikie LLP.  He is a member of Heenan Blaikie’s Intellectual Property as well as Climate, Cleantech and Sustainability Groups.

Clean Tech in Court: Green Patent Complaint Update

November 12th, 2011

 

Several green patent lawsuits have been filed in the last two weeks in the areas of smart grid, wastewater treatment, and emissions reduction technology.  

In addition, the U.S. International Trade Commission decided to move forward with an important investigation regarding solar panel mounting systems.

 

Smart Grid

 TransData, Inc. v. San Diego Gas & Electric Company

TransData, Inc. v. Wisconsin Power & Light Company

These complaints (TransData-SDG&E_Complaint / TransData-WP&L_Complaint), filed October 31, 2011 in the Southern District of California and November 1, 2011 in the Western District of Wisconsin, respectively, add to a host of recent lawsuits by Texas smart meter company TransData against a number of regional utilities. 

Details on the other TransData suits can be found in previous posts here and here.

The asserted patents are U.S. Patents Nos. 6,181,294 (’294 Patent), 6,462,713 (’713 Patent) and 6,903,699 (’699 Patent), which relate to antennas and wireless communication devices for use with electric meters.

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

The accused products are electric meters deployed by the utilities, including certain Elster meters using Sensus wireless modules and certain Itron meters.

Mesh Comm LLC v. Trilliant Networks, Inc.

Mesh Comm, an Atlanta, Georgia, company filed a complaint (MeshComm-Trilliant_Complaint) November 4, 2011 in the Western District of Kentucky against Redwood City, California-based smart grid communications company Trilliant.

Mesh Comm, apparently a non-practicing patentee, is asserting U.S. Patent No. 8,019,836 (’836 Patent) relating to a system for enabling wireless communication between meters so utilities can remotely monitor and control energy usage. 

A previous post discussed Mesh Comm’s patent infringement suit against Potomac Electric Power Company and Silver Spring involving a related patent.

 

Wastewater Treatment

Polylok, Inc. v. Bear Onsite

On November 3, 2011 Connecticut-based wastewater treatment solutions provider Polylok sued Bear Onsite, a water treatment product development company, in the District of Connecticut.

Polylok alleges that Bear Onsite’s effluent septic filters and water level control alert devices infringe U.S. Patent No. 6,129,837, entitled “Waste water treatment filter including waste water level control alert device” (’837 Patent). 

The ’837 Patent is directed to a filtration device for a waste water treatment tank with a level alert device to provide an alarm when the filter becomes plugged.  The claims are directed to particular means for mounting the alert device to the filter.

Emissions Reduction

Enerfex, Inc. v. UOP LLC et al.

In this suit, a Vermont company called Enerfex accuses oil refiner UOP (formerly Universal Oil Products Company), Quicksilver Resources and Breitburn Energy Partners of infringing U.S. Patent No. 5,482,539 (’539 Patent).

Entitled “Multiple stage semi-permeable membrane process and apparatus for gas separation,” the ’539 Patent is directed to membrane processes and apparatus for producing a very high purity permeate gas, which can reduce the amount of methane loss in “vent gas.”

Enerfex alleges that the HAYES 29 natural gas power plant in Northern Michigan includes infringing membrane systems installed and operated by UOP.  The complaint specifically cites the Separax brand membranes products.

 

Solar

In re: Certain Integrated Solar Power Systems and Components Thereof (Westinghouse Solar, Inc. v. Zep Solar, Inc. et al.)

On November 2, 2011 the U.S. International Trade Commission (ITC) announced that it would open an investigation into Westinghouse’s allegations that Zep and Canadian Solar imported solar panels that infringe two Westinghouse patents.

The investigation stems from a complaint (Westinghouse_ITC_Complaint) filed by Westinghouse in early October.  A previous post discussed that complaint and some of the history of patent litigation between Westinghouse (formerly Akeena Solar) and Zep.

The patents-in-suit are U.S. Patents Nos. 7,406,800 (‘800 Patent) and 7,987,641 (‘641 Patent).

Both patents cover what Westinghouse refers to as the “Andalay System,” a solar power system which includes solar panels with integrated racking, wiring and grounding (DC solar panels), and integrated microinverters (AC solar panels) for residential and commercial customers.

Clean Tech in Court: Green Patent Complaint Update

October 28th, 2011

 

Two green patent lawsuits have been filed in the last few weeks in the areas of smart grid and solar.

Smart Grid

Sensus USA Inc. v. Nxegen LLC

Sensus USA filed a complaint (Sensus-Nxegen_Complaint) against Nxegen on October 19, 2011 in the U.S. District Court for the District of Delaware. 

Sensus asserts two patents against Nxegen, U.S. Patent No. 5,438,329 (’329 Patent), entitled “Duplex Bi-Directional Multi-Mode Remote Instrument Reading and Telemetry System,” and U.S. Patent No. 7,012,546, entitled “Modular Wireless Fixed Network for Wide-Area Metering Data Collection and Meter Module Apparatus” (’546 Patent).

The ‘546 Patent covers a transmitting device connected to a gas or water meter which transmits signals relaying data related to the meter.  The ‘329 Patent covers a receiver designed to receive signals transmitted by a remote transmitter (such as described in the ‘546 Patent). 

The receiver described in the ‘329 Patent can be located in either a fixed or remote station, enabling a vehicle to remotely receive utility data by merely driving by a meter.  Figure 1 of the ’329 Patent depicts the different possible configurations.

 

This is the second lawsuit in a growing legal battle in which the two companies are each asserting patents against each other.  A previous post discussed a patent infringement complaint Nxegen filed a against Sensus in July.

Solar

HeliOptix LLC v. Enfocus Engineering Corp.

HeliOptix, a New York manufacturer of building integrated solar energy systems, filed a complaint (Helioptix_Complaint) in the U.S. District Court for the Southern District of New York on October 14, 2011 accusing its California competitor, Enfocus Engineering (Enfocus), of infringing U.S. Patent No. 7,190,531 (‘531 Patent).

The ‘531 Patent is entitled ”Concentrating Type Solar Collection and Daylighting System within Glazed Building Envelopes.”  The system utilizes a plurality of miniaturized solar modules, a focusing lens and an activating mechanism attached to the solar modules for actively tracking the sun. 

Figure 4A depicts the concentrating lens (220) and the solar cell (202).  

The system is designed to utilize concentrated solar energy to provide both electric and thermal energy, and to reduce the solar gain within a building.  The system utilizes a Fresnel lens to focus sunlight onto a photovoltaic cell mounted at a distance from the lens.  In addition, the collected solar energy can also be used for thermal energy production. 

The solar collectors are miniaturized in order to enable them to be mounted in a building façade, preferably between window panes as depicted in Figure 10A. 

Due to the size of the solar modules and their spacing, daylight is able to pass through the system to light a room.

The accused product is EnFocus’s Diamond-Power Solar Panel.

David Gibbs is a contributor to Green Patent Blog.  David is currently in his third and final year at Thomas Jefferson School of Law in San Diego.  He received his undergraduate degree in Geology from the University of California, Berkeley.

Auction Block: DOE Asserts Ownership and Tries to Stop Sale of Evergreen Ribbon Patents

October 27th, 2011

 

I previously wrote about the patents for sale as a result of the bankruptcy of Massachusetts PV company Evergreen Solar.

Those patents include U.S. Patents Nos. 6,814,802, 7,022,180 and 7,507,291, each entitled “Method and apparatus for growing multiple crystalline ribbons from a single crucible” (collectively “Ribbon Patents”).

The Ribbon Patents cover Evergreen’s core innovation, a PV manufacturing process known as String Ribbon technology.

In a fascinating development, the U.S. Department of Energy (DOE) wrote a letter to Evergreen demanding that it assign title to the Ribbon Patents to DOE (DOE_Letter):

The Department of Energy (“DOE”) hereby demands that Evergreen Solar Inc. assign title to DOE for the following invention: method and apparatus for growing multiple crystalline ribbons from a single crucible (“the Gemini Method”), including U.S. Patent Nos. 6,814,802; 7,022,180; and 7,507,291 and all other pending U.S. or foreign patent applications and patents that relate or claim priority to any of the foregoing U.S. patents.

The DOE concurrently filed a motion in the Evergreen bankruptcy proceeding to get the court’s permission to obtain title to the Ribbon Patents (DOE_Motion).

According to the DOE letter and motion papers, the research and development that led to the String Ribbon technology was funded at least in part by DOE.  The letter states:

We believe the Gemini Method is a “subject invention” as defined by the Bayh-Dole Act and NREL subcontract ZDO-2-30628 . . . to which Evergreen Solar Inc. was a party.

The motion states that the federally funded research led to the String Ribbon process:

Under the Funding Agreement, Evergreen conducted the Gemini project to develop a method to generate two String Ribbons of silicon simultaneously out of [a] single crucible of molten silicon rather than just one String Ribbon at a time.

Under the Bayh-Dole Act, which governs rights in government-funded technology (see my post on Bayh-Dole here), Evergreen had to disclose to DOE any inventions developed with the federal funding and provide notice to DOE that it elected to retain title to the inventions. 

According to DOE, Evergreen failed to do so for the String Ribbon technology, so DOE can take ownerhsip of the Ribbon Patents.

The invention of the Ribbon Patents enables continuous and concurrent growth of multiple semiconductor ribbons from a single crucible.

Figure 2A, for example, shows a continuous two-ribbon dual growth system (20) including a crucible (21) having a melt (22) of silicon and two pairs of strings (25a, 25b) extending through the crucible. 

Each of the pairs of string (25a, 25b) has a fixed distance between the strings.  Two crystalline ribbons (27a, 27b) of silicon are drawn from the melt (22) as the cooler liquid silicon crystallizes at the tops of the menisci (29a, 29b). 

The pairs of strings (25a, 25b) pass through holes in the bottom of the crucible and become incorporated in and define the edge boundaries of the crystalline ribbons (27a, 27b).

According to the Ribbon Patents, the disclosed methods and apparatus allow for a substantially better rate of production and efficiency and reduce capital, material, and labor costs. 

According to some news reports, Chinese solar manufacturers have shown considerable interest in the auction of Evergreen’s assets.  Apparently, DOE wants to block sale of the String Ribbon technology to foreign companies.

Indeed, DOE’s motion papers argue the court should allow it to maintain its rights in the Ribbon Patents to “prevent foreign entities from gaining control over federally-funded technology and competing with American industry unfairly.”

Westinghouse ITC Complaint Against Zep Shines Light on Past Litigation

October 21st, 2011

  

Previous posts (here and here) discussed the patent litigation pending in federal court between solar installation competitors Akeena Solar (now Westinghouse Solar) and Zep Solar (Zep) involving two Westinghouse patents, U.S. Patents Nos. 7,406,800 (‘800 Patent) and 7,987,641 (‘641 Patent).

Westinghouse recently opened a new front in this patent battle when it filed a complaint (Westinghouse-Zep_Complaint) against Zep and Canadian Solar (Canadian) with the U.S. International Trade Commission (ITC).

The complaint accuses Zep and Canadian of infringing the ‘800 Patent and the ‘641 Patent and licensing the patents to certain unnamed Chinese manufacturers.

Both the patents at issue cover what Westinghouse refers to as the “Andalay System,” a solar power system which includes solar panels with integrated racking, wiring and grounding (DC solar panels), and integrated microinverters (AC solar panels) for residential and commercial customers.

The accused Zep system employs the company’s “Zep Groove,” which makes the panel itself part of the racking hardware via a specially grooved frame.   This innovation eliminates rails and uses the module frame as the structural and mounting element.

Westinghouse asserts that Zep has infringed Claims 6 and 10 of the ‘800 patent and Claim 1 of the ‘641 patent. Claims 6 and 10 of the ‘800 patent cover a splice, which connects two solar modules, and a wiring connection that prevents improper wiring. Claim 1 of the ‘641 patent covers another splice connector.

The ’800 Patent describes a mounting system for a solar panel (100).  FIG. 2 shows three modules (102A-102C) coupled together to form an integrated system.  A splice (104e) mechanically connects one module to another and provides the electrical grounding connection between the solar modules.

800_patent_fig2.JPG

In the example shown in FIG. 2B, an east-west splice (104) connects modules (102A and 102B).  The splice (104) is a tapered conductive metal to provide the grounding between modules and is grooved for easy screw insertion.  The splice (104) precisely aligns the modules and allows for compression of connector sockets to complete the electrical connection between adjacent modules.

800_patent_fig2a.JPG

According to the ’800 Patent, the splice (104) provides several useful features, including mechanical rigidity between modules, an alignment method between modules and a grounding path that eliminates the need to run a grounding wire between the modules.

Westinghouse Solar’s ITC complaint seeks an investigation into both Zep and Canadian, a permanent exclusion order barring certain of their products from being imported into the United States, and a cease and desist order prohibiting the importation, sale, offer for sale, advertising, or the soliciting of the accused products.

Zep CEO, Mike Miskovshy, stated the claims by Westinghouse are groundless and misleading. Miskovsky also noted that Zep Solar has its own patents for solar installation techniques which predate the Westinghouse patents.

Defending itself in the prior federal court suit, Zep filed a request to the United States Patent and Trademark Office (USPTO) for reexamination of the ‘800 Patent. The USPTO granted the request for reexamination on April 9, 2010 and the court stayed the case five days later, pending the outcome of the USPTO’s reexamination.

As a result of the reexamination, the USPTO canceled 9 of the 12 claims (claims 1-4, 7-9, 11 and 12) of the ‘800 patent. Zep has filed for reexamination of the remaining three claims. The second reexamination is still pending.

Westinghouse moved to lift the stay but the court denied the motion pending results of the second ‘800 patent reexamination.

Zep also filed a request for reexamination of the ‘641 patent. On September 23, 2011, the USPTO cancelled all three claims of the ‘641 patent. No further action has been taken regarding the ‘641 patent claim rejection.

Nevertheless, Westinghouse’s ITC complaint accuses Zep of infringing dependent claims 6 and 10 of the ‘800 patent. Independent claim 1, from which claims 6 and 10 depend, has been canceled and the USPTO is currently reexamining both claims 6 and 10 of the ’800 patent.

The complaint also accuses Zep of infringing claim 1 of the ‘641 patent, which has been canceled.

Westinghouse’s filing with the ITC could be seen as an attempt to seek alternative relief while the federal court case is stalled. 

The ITC provides patentees with the potential to stop the importation of the accused devices into the United States under Section 337 of the Tariff Act of 1930. In particular, Westinghouse may be hoping to take advantage of the ITC remedy of an exclusion order, which stops infringing goods at the U.S. border. 

The ITC complaint also suggests the move to the ITC was prompted by Zep’s licensing of the accused technology to foreign manufacturers.

However, it seems unlikely that the ITC would issue a ruling until the USPTO rules on the reexamination of the remaining three claims of the ‘800 patent.

This move by Westinghouse and the internationalization of this patent dispute to include Chinese licensees comes at a time of rising trade tensions between the United States and China as the U.S. Congress is considering taxing Chinese imports, and in light of a recent industrial espionage lawsuit filed against Sinovel, a Chinese wind energy manufacturer.

Treasury Secretary Geithner recently made some public comments accusing China of “systematic stealing intellectual property of American companies.”

The ITC should decide whether to initiate a formal investigation within the next 30 days.

David Gibbs is a contributor to Green Patent Blog.  David is currently in his third and final year at Thomas Jefferson School of Law in San Diego.  He received his undergraduate degree in Geology from the University of California, Berkeley.

Come Visit Our Booth at SPI in Dallas

October 17th, 2011

 

I will be at Solar Power International in Dallas on Tuesday and Wednesday of this week with my firm, Luce Forward, at Booth No. 2345 in Hall C.

I invite all of my solar friends and colleagues to stop by and say hello.

We’ll be wearing our signature blue polo shirts, and, more importantly, we’ll be providing complimentary bags of our signature freshly made mini-doughnuts.

I would be happy to share my insights on best practices in clean tech patent prosecution and strategy, and I’m always working on the latest solar tech / solar intellectual property stories for publication in this space so I’m interested in hearing your news and exciting things you’re working on.

I hope to see you, and I wish you all an enjoyable and successful conference.