Archive for the ‘Water Filtration’ category

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

December 16th, 2011

Several green patent lawsuits (and one green copyright suit) have been filed in the last several weeks in the areas of LEDs, hybrid vehicles, wastewater treatment, energy management, and biodegradable materials.

 

LEDs

Bluestone Innovations Florida, L.L.C. v. Formosa Epitaxy

Bluestone Innovations (Bluestone), a Florida-based patent licensing company, recently filed a Complaint in the U.S. District Court for the Middle District of Florida against Formosa Epitaxy (Formosa), a Taiwanese corporation.

Bluestone alleges that Formosa engaged in the manufacture, importation, offer for sale, and sale of LED semiconductor devices and other optoelectric devices, such as gallium nitride (GaN) LED wafers and chips, and indium gallium nitride (InGaN) LED wafers and chips.

The complaint alleges these activities infringe U.S. Patent Number 6,605,832, entitled “Semiconductor Structures Having Reduced Contact Resistance”.  Bluestone is seeking a permanent injunction and damages, including treble damages and attorney fees.

 

Wastewater Treatment

Polylok, Inc. v. Bear Onsite

A recent post discussed a suit between wastewater treatment rivals Polylok and Bear Onsite in Connecticut in which Polylok asserted infringement of U.S. Patent Number 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.

Bear Onsite recently responded with a declaratory judgment action (Petition for Declaration of Rights).  Specifically, Bear Onsite is seeking a declaratory judgment of invalidity, unenforceability and non-infringement of the ’837 Patent.

 

Hybrid Vehicles

KGR IP L.L.C. v. Ford Motor Company
KGR IP L.L.C. v. Honda Motor Company

KGR recently filed two complaints in the U.S. District Court for the Northern District of California (KGR_IP-Ford_Complaint; KGR_IP-Honda_Complaint). 

The complaints allege that both Ford and Honda are infringing U.S. Patent Number 6,639,614, entitled “Multi-variate data presentation method using ecologically valid stimuli” (’614 Patent).  The ’614 Patent relates to visual display of data using “ecologically valid” icons.

KGR alleges infringement of the ’614 Patent in the Ford Fusion Hybrid vehicles and Honda vehicles that utilize the Eco Assist function.  KGR is seeking injunctive relief and damages.

 

Fernandez v. Toyota Motor Corporation

Dennis Fernandez, an individual inventor, recently filed a Complaint against Toyota Motor Corporation, Toyota Motor Sales, U.S.A and Toyota USA (collectively “Toyota”), alleging patent infringement.
Fernandez alleges Toyota is infringing U.S. Patent Numbers 7,374,003, 7,575,080, and 7,980,341, each entitled “Telematic Method and Apparatus with Integrated Power Source”.

The complaint states that Toyota is using the accused devices in its Prius II hybrid vehicle. The complaint seeks damages and attorney fees.

 

Biomaterials; Recycling & Waste Management

Frito-Lay North America v. Innovia Films Limited

Frito-Lay filed a Complaint against Innovia Films, Inc. (Innovia), a manuafcturer of bio-based films, on November 23, 2011 seeking declaratory relief over Frito-Lay’s ownership of two patents and two patent applications.

The complaint relates to recent actions commenced by Innovia against Frito-Lay in both the U.K. and Europe.  In that litigation, Innovia claims that Frito-Lay breached a confidentiality agreement and used information gained during confidential meetings to develop biodegradable packaging.  Innovia claims the technology led to Frito-Lay’s U.S. Patent Numbers 7,951,436 and 7,943,218 and U.S. Patent Applications 11/848,775 and 12/716,033.

Frito-Lay contends that it did not acquire any technology from Innovia and that development of its degradable bags was conducted independently.  Frito-Lay states that its “scientists and engineers discovered and invented novel flexible film packaging that maintains certain barrier properties and is made up of several layers of films, including a biodegradable ‘bio-based’ layer.”

 

Smart Grid / Energy Management

Opower, Inc. v. Efficiency 2.0, LLC

In a rare clean tech copyright dispute, Opower, Inc. (Opower) recently filed a copyright infringement Suit against Efficiency 2.0, LLC (Efficiency 2.0), a New York energy efficiency software company.

Opower produces Home Energy Reports, paper reports mailed to residents which show their home energy consumption in relation to similarly situated neighbors.  Opower’s Home Energy Reports were registered with the Copyright Office in September 2009 as Registration No. VA0001692228 and in October 2011 as Registration No. TX0007435604.

According to the complaint, Efficiency 2.0′s Energy Savings Reports are nearly identical to Opower’s copyrighted reports.  Opower claims the similarities include “overall layout and blocking, use of open space, use of language, use of font, bolding, accents and color, as well as selection and presentation of specific graphics and information.”

Opower is seeking damages, and a preliminary and permanent injunction barring Efficiency 2.0 from using Opower’s copyrighted reports.

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

September 16th, 2011

Several new green patent complaints have been filed recently in the areas of biofuels, smart grid, LEDs, solar manufacturing materials, and waste water treatment.  Here’s a run down:

 

Biofuels

Butamax Advanced Biofuels v. Gevo

The complaint (Butamax-Gevo_DJComplaint) was filed August 9, 2011 in the District of Delaware.

Butamax, a joint venture between BP and DuPont, accuses Gevo of infringing U.S. Patent No. 7,993,889, entitled “Fermentive production of four carbon alcohols,” and directed to methods for producing isobutanol by fermentive growth of a recombinant yeast microorganism.

This is the second patent infringement suit filed by Butamax against Gevo.  I covered the first complaint here.

 

Smart Grid

Nxegen v. Sensus USA

The complaint (Nxegen-Complaint) was filed July 29, 2011 in the District of Connecticut.

Nxegen asserts two related patents against Sensus, U.S. Patents Nos. 6,633,823 and 7,135,956, entitled “System and method for monitoring and controlling energy use” and directed to systems and methods for monitoring and controlling power use among a number of facilities to reduce a real-time aggregate power load across the facilities.

The accused products include the FlexNet Advanced Metering re Infrastructure (AMI) solution.

 

IP Co. (Intus IQ) v. Ingersoll-Rand et al.

The complaint (Intus-Ingersoll_Complaint) was filed August 25, 2011 in the Eastern District of Texas.

Intus asserts two related patents, U.S. Patents Nos. 6,044,062 and 6,249,516, 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.

The other named defendants are Schlage Lock Company, Trane and Schneider Electric

Intus is a patent licensing company and appears to b e related to Sipco, which has been a patent enforcement spree, including suits against utilities, smart meter companies, and EV charging companies.

 

ICH Intellectual Capital Holdings v. Badger Meter et al.

The complaint, filed September 8, 2011 in the Eastern District of Texas, accuses a host of smart meter players of infringing U.S. Patent No. 7,248,181, entitled “Automated meter reading system” and directed to an automated meter reading system adapted to facilitate readings by an operator walking or driving close to the system at a low power level and at a frequency in an unlicensed frequency band.

The other named defendants are Mueller Water Products, Transparent Technologies, Metron-Farnier, Tantalus, ESCO Technologies, Aclara Power-Line Systems, Landis+Gyr, Trilliant, Tropos, and the City of Winnsboro, Texas.

ICH appears to be a non-practicing patentee.

 

LEDs

SemiLEDS v. Cree

The complaint (SemiLEDS-Complaint) was filed August 15, 2011 in the District of Delaware.

SemiLEDS accuses Cree of infringing U.S. Patent No. 7,615,789, entitled “Vertical light emitting diode device structure” and directed to a vertical light-emitting diode structure utilizing a spacer to separate the p-doped layer from the active layer and U.S. Patent No. 7,646,033, entitled “Systems and methods for producing white-light emitting diodes” and directed to a vertical light-emitting diode structure having a wafer level phosphor layer parallel to a gallium nitride layer.

In the increasingly common tit-for-tat LED patent litigation wars, SemiLEDS fights back here after being sued by Cree in April for alleged infringement of “flip-chip” mounted LEDs.

 

Waste Management / Water Filtration

Salsnes Filter v. M2 Renewables

The complaint (Salsnes-Complaint) was filed August 18, 2011 in the Central District of California.

Salsnes asserts U.S. Patent No. 6,942,786, entitled “Cleaning device for waste water” and directed to a waste water cleaning device having an endless filtering belt and a blowoff device to remove contamination from the belt.

The named defendants are M2 Renewables and Nepsus Environmental, and the accused devices are the M2 Microscreen and Nepsus CBUM Process at the Adelanto, California waste water treatment plant and the M2 Microscreen at the ProLogis-Fontana, California Kaiser Steel waste water treatment plant.

 

Solar

du Pont v. Heraeus

The complaint (DuPont-Heraeus_Complaint), filed September 2, 2011 in the District of Delaware, asserts U.S. Patent No. 7,767,254, entitled “Paste for solar cell electrode and solar cell” and directed to a method of making an electrode for a solar cell by applying a conductive paste comprising silver particles.

du Pont alleges that Heraeus’s manufacture and use of its H94XX and H92XX series of pastes infringes the ’254 Patent.

Rotary Clubbed: Siemens Hit with Water Filter Patent Suit

June 28th, 2011

 

Veolia Water Solutions & Technologies Support (VWS), a subsidiary of Veolia Water, is a French water and wastewater treatment company.   VWS owns U.S. Patent No. 7,507,805 (’805 Patent), which relates to rotary disk filter technology.

VWS recently sued Siemens Industry (Siemens) for patent infringement in the Eastern District of North Carolina, accusing its German competitor of infringing the ’805 Patent.

According to the complaint (Veolia-Complaint), Siemens’ Forty-X disk filter product infringes claims 1 and 16 of the ’805 Patent.

The ’805 Patent is directed to a rotary disk filter having a modular construction.  The rotary disk filter (1) has a rotating drum (2) that includes a plurality of disk-shaped filter members (3). 

The lateral faces of the filter members support a filter cloth (4), which traps particles in the liquid being filtered.

A filter support (11) extends radially outwards from the center of the drum and forms filter segments or modules (13).  The modules, as shown in Figure 4 below, have an intermediate support portion (15) and two outer support portions (16) extending from the intermediate support portion.

Two inner support portions (17) extend from the other end of the intermediate support portion (15), which has a framework construction (18) with hollow spaces (19).  Openings (20) in the inner support portions (17) allow the liquid to be filtered to pass from the interior of the drum (2).

According to the ’805 Patent, the modular filter design and support structure provide a lighter filter with higher filtering capacity at a lower manufacturing cost.

The rotary disk filters at issue in this case are used for a variety of applications including tertiary filtration, water reuse, and process water filtration.

Green Patent Acquisitions: BASF Buys inge watertechnologies

May 22nd, 2011

In a move to strengthen its position in water treatment, chemical giant BASF recently announced that it will acquire German water filtration membrane developer inge watertechnologies (inge).

Inge makes ultrafiltration systems used to treat drinking water, wastewater, and seawater and specializes in filtration modules and rack designs for water treatment plants.

Inge owns a couple of international patent applications relating to its water treatment technologies, as well as at least one U.S. application and one European application. 

The international applications are WO/2010/121628, entitled “Backflushing filtration module and filtration system for cleaning fluids contaminated by particles” and WO/2009/003887, entitled “Filtration system comprising a plurality of filtration modules connected in parallel.”  Inge’s European application is EP2158958, entitled “Device and method for backwashing filter membrane modules.”

U.S. Patent Application Publication No. 2010/0051544 (’544 Application) is directed to an apparatus and method for backwashing filter membrane modules. 

Module rows (1a-1d) consist of four individual membrane modules, and each individual module includes a bundle of individual filtration modules.  The rows (1a-1d) together form a module rack.

Supply/drain lines (7a, 7b) carry raw water, which is supplied to each filter membrane module (2) through supply/drain ports (3a, 3b).  After filtration, the filtrate is drained via drain ports (4), flows through control valves (11a-11c) to filtrate collection line (5), and exits the module rack at central filtrate valve (6).

In backwashing mode, control valve (11b) of module row (1a) is closed on the supply side while the associated control valve (11a) on the drain side is open.  The supply side control valves in supply/drain line (7b) remain open. 

Thus, in the backwashing mode the filtrate produced by module rows (1b-1d) is pressed backwards through first module row (1a) to clean the filter membrane modules in that row.  The polluted backwashing water leaves through drain port (10) of the module rack via the other supply/drain line (7a). 

Each of the remaining module rows (1b-1d) is subsequently backwashed in succession in the same manner.

According to the ’544 application, this approach reduces the risk of contamination due to water stagnating in a backwash reservoir. 

Also, because some module rows continue to produce the filtrate that is used for backwashing while one of the rows is being backwashed, the invention eliminates the need for a backwashing pump:

The advantage of the approach according to the present invention lies in particular in that a backwashing reservoir with the associated backwashing pump can be dispensed with. This is because, during the backwashing mode, with the exception of the module row to be backwashed, the remaining module rows are operated in the filtration mode, so that they produce filtrate which is directly used for backwashing the module row switched in the backwashing mode.

According to the inge press release (inge_release), the acquisition is expected to close in Q3 2011.

Energy Recovery Spins Out Energy Savings for Desalination

January 28th, 2011

Energy Recovery Inc. (ERI), a company based in San Leandro, California, has developed technology that reduces the amount of energy required for desalination. 

The technology does not directly relate to filtering water, but instead harnesses the pressure in the wastewater stream of reverse osmosis systems and transfers that pressure to the incoming feed stream to reduce the energy required to run the desal process.

According to ERI’s web site, the technology in its PX device (pictured above) has led to seven U.S. patents and international patents. 

Tim Dyer, the company’s CTO, commented on ERI’s IP.  ”We innovate and create intellectual property along the way to address existing and emerging industrial energy recovery needs.  Our strategy drives our IP, and our IP drives our strategy.”

U.S. Patent No. 7,201,557 (’557 Patent) relates to some of ERI’s fundamental innovations.  Entitled “Rotary pressure exchanger,” the ’557 Patent is directed to a pressure exchange apparatus for transferring the pressure of a high pressure fluid stream to a lower pressure fluid stream.

The rotary pressure exchanger (11) has a housing (13) containing a rotor (15) with a plurality of channels (16).  A low pressure seawater feed stream from a reverse osmosis system is pumped through a straight inlet conduit (39) and fills an inlet passageway (41).

At the same time, high pressure brine from the reverse osmosis system is pumped through an elbow conduit (51), fills a plenum chamber (53) and enters axial channels (16), causing the rotor (15) to spin.

As the rotor (15) spins, there is periodic alignment of each channel (16) with the opening to a discharge seawater passageway (65) in an upper end cover (19).  According to the ’557 Patent, whenever this alignment occurs the seawater in the channels is instantly pressurized.

Thus, the pressurized seawater is caused to flow out of the channels, fill an upper plenum chamber (45) and exit through an elbow discharge conduit (43).

Similarly, when a rotor channel (16) is aligned with the opening to the seawater inlet passageway (63) and the opening to the brine discharge passageway in the lower end cover (21), the seawater forces the low pressure brine out of the pressure exchanger (11) through the straight discharge conduit (49). 

ERI’s pressure exchanger has the advantage of simplicity, with the rotor being the only moving part.  The rotor and associated components seal the high pressure portion of the reverse osmosis process by keeping high and low pressure separate without the need for pistons.

According to ERI’s web site, the PX device makes desalination more economical and less energy intensive by reducing the amount of energy required by up to 60%.

In Confident Open Letter, RPI Updates Customers on Remediation Patent Suit

March 15th, 2009

rpi_logo.JPG 

In a previous post, I wrote about a patent dispute over BOS 100, a reactant used in groundwater remediation that removes chlorine from chlorinated contaminants.  There are two lawsuits involving this technology, both pending in the U.S. District Court for the Western District of North Carolina in Charlotte. 

In the first suit, Remediation Products, Inc. (RPI), a Golden, Colorado company that makes and sells the BOS 100 product, sued Adventus Americas, Inc. (Adventus) and EnviroMetal Technologies, Inc. (ETI), requesting a declaratory judgment that the BOS 100 does not infringe U.S. Patents Nos. 5,266,213 (’213 patent) and 5,534,154 (’154 patent) and that the patents are invalid (rpi_complaint.pdf).

In the second suit, ETI, the exclusive licensee of several groundwater remediation patents including the ’213 and ’154 patents, along with Adventus (the sub-licensee of the patents), sued AST Environmental, Inc.  and Calgon Carbon Corp. (collectively “Defendants”), alleging infringement of six of the licensed patents.

According to the complaint (adventus_complaint.pdf), Defendants are infringing the patents by making and selling BOS 100.

Last month, RPI put out an open letter to its customers to provide an update on its lawsuit aginst Adventus and ETI.  The letter (rpi-letter-to-customers.pdf) states that RPI is also seeking a declaratory judgment of non-infringement of four patents relating to a combination of fibrous organic matter and a multi-valent metal which were asserted by Adventus and ETI.

The letter reports that the court has issued a claim construction order in the case and notes that the claim term “body of metal” was interpreted (rpi_claims_clarification.pdf) to exclude anything other than metal particles:

The Court previously construed the term “body of metal” to mean “a collection of particles of metal into an amount.”  The Court clearly did not include anything other than metal in its construction of the term.  To the extent that the term needs to be clarified, the Court finds that the body of metal does not include anything other than metal particles.  (internal citations omitted)

According to the letter, this interpretation contradicts a position taken by ETI in its 2005 Open Letter to the Remediation Industry which suggested that the use of iron “in combination with other materials” for remediation falls under the company’s “base technology.” 

Moreover, RPI believes it has a strong case on invalidity, the letter explains, because two of the prior art references it is relying on were found to invalidate the Japanese counterpart of the ’213 patent, and those invalidity findings were upheld by the Japanese Supreme Court.

Adventus Asserts Decontamination Patents Against AST and Calgon

December 10th, 2008

adventus-logo.png

EnviroMetal Technologies, Inc. (ETI) is a Canadian company that provides processes for treating contaminated groundwater.  ETI is the exclusive licensee of several patents relating to groundwater remediation technology.

Last month ETI, along with Adventus Americas, Inc. (the sub-licensee of the patents), both part of the Adventus Group (collectively “Adventus”), sued AST Environmental, Inc.  and Calgon Carbon Corp. (collectively “Defendants”) in federal court in Charlotte, North Carolina, alleging infringement of six of the licensed patents.

According to the complaint (adventus_complaint.pdf), Defendants are infringing the patents by making and selling BOS 100, a reactant that removes the chlorine from chlorinated contaminants.

The complaint also accuses Defendants of deceiving potential Adventus customers through misrepresentations and unsubstantiated claims about the performance of BOS 100 in violation of North Carolina’s deceptive trade practices statute.

The asserted patents are directed to methods of cleaning groundwater that has been contaminated with chlorinated or halogenated organic compounds such as PCBs and pesticides. 

According to the patents, prior processes collected the pollutants from the water, which created a disposal problem.  The disclosed methods break down the pollutants in the water instead.

Some of the claimed decontamination methods include:

contacting the groundwater with an anaerobic portion of a metal to replace a chlorine ion or other halogen ion with a hydroxide ion (U.S. Patent No. 5,266,213, or ’213 patent);

passing contaminated water through a mixture of an adsorptive material such as activated carbon and a metal to break down the contaminant (U.S. Patent No. 5,534,154, or ’154 patent); and

promoting decomposition or degradation of halogens or other chemical contaminants in water by adding multi-valent metal particles and fibrous organic matter that supports bacterial or fungal growth (U.S. Patents Nos. 5,411,664, 5,480,579, 5,618,427 and 6,083,394).

This is not the first lawsuit involving this technology.  Remediation Products, Inc. (RPI) is a Golden, Colorado company that makes and sells the BOS 100 product and owns U.S. Trademark Registration No. 2,863,360 (bos_100_-reg.pdf) for the BOS 100 mark.  In April 2007, RPI sued Adventus and ETI in federal court in Charlotte requesting a declaratory judgment that the BOS 100 does not infringe the ’213 and 154 patents and that the patents are invalid (rpi_complaint.pdf).

CleanTech 2008 Exhibition (Israel) Report

June 29th, 2008

hydropathlogo.jpg 

Earlier this month I attended the CleanTech 2008 Summit and Exhibition in Israel.  The trade show focused on renewable energy, conservation technology, and, not surprisingly given the country’s climate and neighborhood, water technologies.

One company that stood out was Hydropath Holdings Ltd. (Hydropath), a British water treatment firm who was exhibiting its technology through its Israeli marketer, Waterpath (itself a division of Pazgas, an Israeli gas company).  Hydropath’s technology cleans limescale in commercial, industrial and residential water systems without the use of chemicals by a device that attaches to pipes and generates electric fields in the water flow.  According to Hydropath’s web site, 1 mm of limescale deposition can reduce the efficiency of a residential boiler by 10%.

hydroflowbig.jpg

Limescale deposits occur when positively and negatively charged ions such as calcium carbonate and bicarbonate exceed a maximum concentration and crystalize out of solution onto pipe surfaces.  Crystallization can be either homogeneous (the initial “seed” crystals are formed by oppositely charged ions of the dissolved substance) or heterogeneous (the initial seed crystals are formed by ions on an alien substance such as a pipe surface).  This latter type of crystallization leads to scale deposition on pipes.  Homogeneuously-formed crystals, on the other hand, are carried through the pipe without impeding water flow.

Hydropath owns several patents and applications in the U.S. and abroad, including U.S. Patent No. 5,667,677 (677 patent) and two applications, International Pub. Nos. WO 2007/045824 (’824 application) and WO 2008/017849 (’849 application).  As described in the ’849 application, the electric field produced by Hydropath’s device orients the molecules so all of the positively charged ions are aligned and traveling in one direction, and all the negatively charged ions are aligned and traveling in the opposite direction.  This increases the odds of collision between particles of opposite charge, and leads to increased growth of the benign homogeneous crystal clusters.  It also decreases the saturation level of the solution, so existing limescale deposits can re-enter solution and flow out.

 hydropathdiagram.jpg

The ’824 application discloses using the electric field to provide a more energy efficient desalination process.  The electric current causes water to re-orient into a thin layer of molecules with positive poles on one side and the negative poles on the other side.  This “hydration” layer excludes other molecules and contains substantially pure water, which can be extracted using less energy than other desalination methods.

Hydropath’s patented technology has many applications, including boilers, heat exchangers, swimming pools and fuel pipes, and according to the company’s web site, can be used to combat bacteria, algae and other substances in addition to limescale.

The No-Bump Shower Filter Patent Suit

December 17th, 2007

Earlier this month, Sprite Industries sued Culligan in the Central District of California for infringement of a patent on a shower filtration device.  The patent covers a combination showerhead and water filter held together in a single housing.  The housing has top and bottom mating halves that are either screwed together or threaded together, a water filter assembly secured in the housing and a baffle to direct the water flow through the filter.  The patented device reduces potential head bumps to the bather because it takes up less shower space than prior art devices, which typically required that a separate shower head be attached to a filter outlet.  The accused device is Culligan’s wall-mount filtered showerhead.  

Zenon’s Continuing Problems

December 14th, 2007

Section 120 of the patent laws allows a patent applicant to file “continuation” applications from a previously filed “parent” application.  Each continuation in a patent “family” is entitled to the same filing date as the original application as long as the continuations specifically reference the prior applications in the family and disclose all of the same material.  Establishing a continuous chain of priority to an early filing date can be critical to preserving the “novelty” of an invention because, if the chain is broken, intervening prior art can render a “child” or “grandchild” patent invalid as “anticipated” (i.e., not novel).  A broken chain can also transform one’s own “grandparent” or parent application into prior art that could invalidate subsequent related patents or applications.

Through continuation practice, Zenon obtained a family of patents directed to water treatment and filtration systems.  Zenon sued U.S. Filter, alleging infringement of its grandchild patent.  The invention of the grandchild patent consists of two critical elements – a vertical skein and a gas distribution system.  The skein includes porous or semipermeable fibers potted in a solid resin and a collection means to collect permeate from the ends of the fibers.  The skein is submerged in water, the water flows into the fiber array, and the permeate is collected from the ends of the fibers.  For the process to work effectively, the surface of the fibers must be kept free of particulate matter to ensure the free flow of permeate over an extended period of time.  The gas distribution system generates a cleansing gas, and the resulting gas bubbles keep the fibers clean by scrubbing them and causing them to scrub against each other.

Both the grandparent and the grandchild patents disclosed the skein and the same type of gas distribution system.  However, the intervening child patent disclosed a different gas distribution system and incorporated by reference “relevant disclosures” only relating to the skein.  Because the child did not actually disclose the original gas distribution system and failed to incorporate by reference either the entire grandparent application or the original gas distribution system, the U.S. Court of Appeals for the Federal Circuit held that Zenon had lost its continuous chain of priority to the grandparent application.  The chain was broken by the deficient disclosure of the intervening child patent, and the grandparent patent was transformed into prior art that invalidated the grandchild.

Zenon’s “continuing” problems could have been avoided by doing one of two things: simply copying and pasting the entire disclosure of the grandparent application into the intervening child application, or expressly incorporating by reference the entire grandparent application in the child application.