Archive for the ‘Wind Power’ category

AWEA Report Part II: Winergy’s HYBRIDDRIVE Gearbox and Generator Combo

June 11th, 2011

 

Winergy is a German company long known for its quality and innovation in gearboxes and drive systems for wind turbines. 

At the American Wind Energy Association (AWEA) Windpower Conference and Expo last month, Winergy introduced its new 3 MW HYBRIDDRIVE technology, which combines a 2-stage gearbox and a permanent magnet generator into one product (Winergy press release).

According to Winergy’s press release, the new design provides the advantages of reduced size and weight of the nacelle and drive train:

The direct linkage of the two stage gearbox and the permanent-magnet driven generator shortens the drive train by approximately 35%.  This design allows for a significant reduction of the nacelle size and minimization of the overall weight.

Winergy found the inspiration for its new gearbox and generator combo from work performed by Global Energy Concepts LLC (GEC) in a DOE funded study for the WindPACT program back in 2000 – 2002.

The GEC drivetrain utilized a 2-stage gearbox with a CARB bearing which allows the second stage to free float to maintain alignment between the gear mesh of the first and second stages of helical gears.  This has the benefit of being able to absorb most deflections and off axis loading conditions encountered by the stochastic nature of the wind.

Although it also utilizes a 2-stage gearbox, instead of a CARB bearing, the Winergy HYBRIDDRIVE has a different internal bearing arrangment.  Winergy’s web site doesn’t provide details, but one of the company’s representatives at the AWEA Conference indicated that they have a double row tapered roller bearing arrangement and bushings with elastomeric dampers as well as a torque tube to accommodate loading and deflections.

Two-stage gearboxes are not new for Winergy.  The company also owns U.S. Patent No. 6,459,165 (’165 Patent), which is entitled “Drive train for a windmill” and relates to drive train architecture that utilizes a double row helical set of gearing.  It is possible that this prior IP has contributed to the design of the HYBRIDDRIVE system.

The ’165 Patent is directed to a transmission arrangement for a wind turbine including a rotor (1) with several blades (3) secured in a hub (2).  The rotor (1) is connected to a generator (6) via a two-stage planetary transmission comprising an input stage (4) and an output stage (5). 

The hub (2) is directly connected to the base (10) of the input stage (4) of the two-stage planetary transmission, which is entirely contained in the hub (2).  According to the ’165 Patent, this arrangement provides a more compact transmission suitable for higher outputs:

The object of the present invention is a wind-power plant that is more compact and accordingly appropriate for higher outputs, of 2.5-5 MW, is only slightly heavier, and is less complicated.  Directly connecting the hub to the input stage of the two-stage planetary transmission renders the transmission more compact.

Winergy also owns U.S. Patent Application Publication No. 2010/0160104 (’104 Application), entitled “Epicyclic gearbox for a wind power installation” and directed to a forced lubrication system on a two stage drivetrain. 

Lubrication is an obvious necessity of rotating machinery, but a forced lubrication system saves the cost of a separate external system with pumps and other associated components, and it can also improve overall drivetrain efficiency.  The ’104 Application discusses one way in which a forced lubrication system can be made to work for a two stage gearbox with independent channels for each stage

It remains to be seen if the new Winergy design will prove to be as good as the free floating CARB bearing design in terms of reliability and the ability to absorb loads.  Winergy advertised the HYBRIDDRIVE at 25 tons, which is very light if that metric actually includes the generator weight.  However, it was unclear from the self-contained drivetrain on display at the Expo whether the generator was integrated in what was shown.

One caveat to a lighter weight gearbox is that they need to be able to prevent deflections of the gearbox housing, which can lead to significant reliability issues.  Scrimping on housing mass to save weight might contribute to deflection problems and misalignments of their gears. 

We’ll have to wait and see if this is a long term issue.  If the 25 tons is just the gearbox without the generator, then this isn’t terribly light at all and the extra mass there may serve to inhibit some of those deflections.

The deflection issues are also prevalent because wind turbine OEMs are chasing higher capacity factor ratings with the increased rotor diameters, and the loads on the drivetrain and tower are increasing as a result.  The proof will be in the pudding for Winergy as they test and deploy this solution for Fuhrländer AG for their new 3MW, 120m rotor turbine for IEC Class IIa.

With the reliability of the direct drive systems yet to be proven, it’s great to see innovation on gearbox driven designs which take advantage of 30+ years of development and testing to enable more reliable solutions.  After all, as Winergy says, “Reliability is our profession.”

Totaro & Associates is an innovation strategy and patent search consulting firm.  To find out more please visit www.totaro-associates.com.

AWEA Report Part I: WINDSPOT by Sonkyo and SYNERDRIVE by Kenersys

June 1st, 2011

 

I attended the American Wind Energy Association’s 2011 Conference & Expo in Anaheim last week where I was able to see a lot of technology for turbines both large and small.

On the small side, at 3.5 and 7.5 kW, was Sonkyo Energy’s WINDSPOT turbine

The WINDSPOT features a proprietary blade pitch control assembly, and the Spanish company owns International Application Publication No. WO 2010/034861 (’861 Application) directed to this technology.

Unfortunately, I was unable to find a corresponding English language patent application, so I was limited to the Abstract of the ’861 Application and my conversation with the folks at Sonkyo’s booth to explain the technology.

The ’861 Application describes a rotating headpiece including a shaft connected to a cross-piece (14), which is connected via intermediate mechanisms (5, 8-11) to the end supports of (7) of the blades (6). 

 

When the cylinder shaft moves the cross-piece (14) the assembly varies the pitch of the blades (6).  Counterweights (15) can also vary the blade pitch of the rotor head. 

According to Sonkyo’s web site, its variable pitch technology “is a passive mechanism that uses the centrifugal force produced by the turning of the wind turbine to change the attack angle of the blades, which adjust themselves in a movement synchronized by the strength of the wind.”

At the utility scale, Muenster, Germany-based Kenersys’s 2.0 and 2.5 MW turbines employ the company’s SYNERDRIVE technology, which includes electrically excited synchronous generators.

Kenersys owns several international patent applications, including International Application Publication No. WO 2010/034760 (’760 Application), entitled “Excitation machine for a synchronous generator.”  Again, there do not appear to be any English-language counterparts for this application, so we’re limited to the Abstract.

The ’760 Application is directed to an excitation machine for a synchronous generator (13, 14) wherein the synchronous generator comprises at least two excitation modules (10, 9; 8, 9).  The first module (10, 9) is self-excited, and the second module (8, 9) is externally-excited.

According to the Abstract of the ’760 Application, the invention makes it possible to generate high outputs and provide cold-starting and operating capabilities at low rotational speeds or without connection to the utility grid.

Court Orders Former GE Employee to Cease Wind Patent Licensing Activity

May 18th, 2011

 

In a previous post, I wrote about a lawsuit between GE and Thomas Wilkins, a former GE employee, over the rights to certain wind turbine technology.

In that suit, GE has accused Wilkins, an electrical engineer who had worked for Enron Wind and then GE after it acquired Enron, of breaching his employment agreements with both companies by his actions with respect to U.S. Patent Nos. 6,924,565 (’565 Patent) and 6,921,985 (’985 Patent).

The ’985 Patent relates to a blade pitch control system, and the ’565 Patent relates to power control systems for wind turbines.

GE alleges that Wilkins refused to assist in the prosecution of the application that matured into the ’565 Patent, recently asserted an ownership interest in and offered to license the ’565 Patent on a publicly-available web site, and recently asserted an ownership interest in and offered to license the ’985 Patent to Mitsubishi (ge-wilkins_am_complaint.pdf).

In an Opinion and Order decided earlier this month (GE-Wilkins_Opinion), Judge Oliver Wanger held that the technology of the ’565 and ’985 Patents presumptively belongs to GE because Wilkins conceived the inventions while working as an employee of GE for the purpose of developing the technology and “being paid to invent.” 

Although Wilkins did some development work as an employee of Enron, the court found no evidence that the scope of his job duties changed when he transferred from Enron to GE.

Therefore, the court concluded that Wilkins likely does not own the patents-at-issue:

Based on the current record, it does not appear that Defendant has rights in the subject technology sufficient to permit Defendant to license the technology to Plaintiff’s competitors.

Judge Wanger granted GE’s motion for a preliminary injunction and ordered Wilkins to stop licensing or offering to license the ’565 and ’985 Patents until the lawsuit is resolved or the court decides otherwise:

For the reasons stated, Defendant Thomas Wilkins and those acting in concert with him, and those who have actual notice of this order, are enjoined and restricted from licensing or offering to license any interest in the technology described in the ’565 and ’985 patents, or from making any representation that Wilkins is presently legally entitled to license such technology, pending the entry of a final judgement in this action or further order of the court.

Mitsubishi has intervened in the case.  The ’985 Patent is one of several asserted by GE against Mitsubishi in at least two lawsuits, including a patent infringement case in Texas and an investigation in the U.S. International Trade Commission (ITC), for which GE is appealing the ITC’s ruling.  Among other things, Wilkins’ inventive contributions to the ’985 Patent were at issue in the ITC case.

The ’985 Patent is also one of the patents-at-issue in Mitsubishi’s antitrust suit against GE, in which it has accused its rival of engaging in an anticompetitive scheme to monopolize the U.S. market for variable speed wind turbines.  The antitrust suit has been stayed pending resolution of the patent infringement suits.

Need to FedEx a Renewable Energy System? Call SkyBuilt

April 28th, 2011

 

SkyBuilt Power, an Arlington, Virginia, company, has won a 2011 Edison Award in the Best Energy and Sustainability Product category for its renewable energy power stations. 

SkyBuilt designs and develops integrated, modular power systems including the first rapidly deployable combined solar and wind power station.

SkyBuilt’s U.S. Patent No. 7,230,819 (’819 Patent), entitled “Mobile power system,” relates to the company’s core technology.  The ’819 Patent is directed to a transportable power system that incorporates two different types of power generating devices.

The mobile power system (10) includes a housing (12) and one or more brackets (14) coupled to the housing.  Solar panel arrays (18) are coupled at one end to the brackets (14) and at another end to adjustable struts (20).

A wind turbine (24) may be mounted on a pole (22), which is mounted to a corner of the housing (12).

According to the ’819 Patent, key advantages of the system include the versatility to add various configurations of different renewable energy sources and ease of transport and assembly, particularly in that the system is the size of a standard ISO freight container.

SkyBuilt sells the mobile power station under the brand name SkyStation, which its web site calls a “complete power station in a standard freight container.”

Guest Post: Simply Electrifying – GE’s Acquisition of Converteam

April 11th, 2011

 

 

by Philip Totaro, Principal, Totaro & Associates

The General Electric Company (GE) recently announced that it would take a 90% stake in Converteam for US$3.2B.  Converteam’s core technology focus is on converters and grid interconnect equipment for solar and wind as well as permanent magnet generators / motors for wind turbines and propulsion systems.

While based in Europe, Converteam has 19 issued patents in the US and 18 pending applications which have published so far.  As it relates to solar and wind, the largest portion of their portfolio deals with frequency and voltage regulation, and more specifically with active and reactive power control.

U.S. Patents Nos. 7,372,174, 7,511,385, 7,656,052, 7,692,321 and 7,755,209 all relate to a full power conversion system with a reactive power control approach utilizing a DC link demand signal as input to converter controller:It is interesting that long-time Siemens AG wind turbine technology thought leader, Henrik Stiesdal is listed as a co-inventor on these patents, highlighting the commercial relationships with Siemens for their 3MW direct drive wind turbine technology. 

With a cross license arrangement on key generator, converter and controls technology between Siemens AG and Converteam, this deal now provides GE with access to IP rights which they may need to continue operating their own technology.

In addition, Converteam has their own flavor of a variable speed control patent with U.S. Patent No. 7,405,490 (‘490 Patent) in which adjustment of active power output from the generator is based on input from the DC to AC inverter which is connected to the power grid. 

In light of the expiration of GE’s noteworthy and heavily litigated U.S. Patent No. 5,083,039 relating to variable speed control with an induction generator, the ‘490 Patent may be part of a suite of patents which helps GE protect the next generation of variable speed technology.

Converteam also has some patents relating to grid interconnection and generator technology.  U.S. Patent No. 7,471,532 is directed to a more efficient converter which requires fewer parts than the previous generation of technology. 

The move towards medium voltage on the power grid has been part of the emerging trends for the industry in the hopes of providing more efficient transmission of energy. 

U.S. Patent No. 7,675,271 deals with generator technology which helps the generator ramp up from standstill.  U.S. Patent No. 7,768,169, entitled “Magnet retaining arrangement,” and U.S. Patent No. 7,714,473, entitled “Electrical machines with reduced cogging,” both deal with permanent magnet generator technology which helps to enhance efficiency and improve reliability.

Converteam also recently announced that they are developing a superconducting generator, which they have termed HYDROGENIE for the hydro-power market.  According to a February 21st press release (Converteam_Release) the company has successfully completed some basic testing of this technology and are moving towards full scale testing of a 1.7MW generator later this year. 

The superconducting generator technology is likely to be the subject of numerous patents and is also highly likely to be leveraged into their other lines of business, such as wind generators and propulsion.

This acquisition is a notable example of the previously identified trend in the wind industry for “grid friendly” wind turbines which utilize permanent magnet synchronous generators as well as full power conversion with the ability to control power factor and provide VARs to the grid.

With the Converteam patent portfolio, GE has now added to their 300+ patents in the wind sector with key technology that further strengthens their position in these future technology areas.

Please visit www.totaro-associates.com/articles for more information and to obtain the firm’s full wind turbine patent landscape study results or to download an offline copy of the summary.

Green Patent Acquisitions: A Wind Giant Gets Taller

March 11th, 2011

GE, already dominant in the U.S. wind turbine market, is getting into the wind tower business, with a recent announcement that it would buy Wind Tower Systems (Wind Tower). 

Wind Tower is a Park City, Utah, company that designs towers for mounting utility scale wind turbines.  While most existing utility-scale wind turbine towers stand at 65-70 meters, the company’s modular tower technology and lift system enable taller towers (100 meters high). 

As this Greentech Media piece notes, taller towers permit longer turbine blades, which means more power per turbine.

Wind Tower’s product offerings include the Space Frame Tower and the Hi-Jack System for assembly and disassembly.  The company owns at least one U.S. Patent and several U.S. patent applications relating to its tower structure and lift system technology.

U.S. Patent Application Publication No. 2010/0226785 (’785 Application) is entitled “Structural tower” and is directed to a wind tower assembly that includes composite damping members or struts to dampen wind-induced vibrations in the tower structure.  Embodiments of damping members contemplated by the ’785 Application include a viscous or hydraulic damper and a spring element.  

The Hi-Jack System is protected U.S. Patent No. 7,877,934 (’934 Patent), which issued last month.  Entitled “Lifting system and apparatus for constructing wind turbine towers,” the ’934 Patent is directed to apparatus and methods for erecting a wind tower and turbine assembly.

The lifting apparatus (320) includes a pair of hydraulic rams (370) connected to telescoping members (375) of each of first and second lifting trusses (330, 331) via each hydraulic ram’s cylinder unit (371).  When the hydraulic rams (370) are retracted, the transverse beam (345) is positioned fore of the top bay assembly (317).

 

According to the ’934 Patent this position facilitates hoisting of a turbine, after which the hydraulic rams (370) are extended, causing the lifting apparatus (320) to pivot.  This raises the transverse beam (345) above the top bay assembly (317) to a position where the turbine can be lowered and secured to the top bay assembly.

U.S. Patent Application Publication No. 2010/0236161 (’161 Application) focuses on the hoisting part of the process.  The ’161 Application is entitled “Lifting system and apparatus for constructing and enclosing wind turbine towers” and is directed to Wind Tower’s gin pole lifting component.

According to the ’161 Application, a ginpole (601) can be used together with the lift apparatus (660) to lift or control the lift of the turbine or blade assembly (675) and can be used raise or lower the lifting apparatus (660) itself.

With GE scooping up Wind Tower’s IP relating to wind turbine assembly technology, Philip Totaro’s wind patent trendspotting piece predicting the increased importance of “‘on-site’ assembly procedures” looks very prescient.

Guest Post: Philip Totaro on Wind Patents and Future Trends in Wind Technology

February 11th, 2011

 

We at Totaro & Associates have published a new study of the U.S. patent landscape of wind turbines to determine which technological trends have emerged so far and what we might be able to infer for the future direction of wind turbine technology.

Our study focused on the most prevalent sector of wind turbine technology – utility grade, horizontal axis wind turbines.

The methodology involved searching and aggregating relevant results using technology keyword classification, then analyzing those results to identify the degree of relevancy to the industry for each patent.  We found and analyzed over 1450 patents just for the US.

I.  Today’s Wind Patents:  (Mostly) Yesterday’s Solutions

Most of today’s wind patents solve yesterday’s problems.  The largest majority of inventions are directed towards blades, electrical systems and generators.  These are the components which have required the most quality, efficiency and reliability enhancement in the past 10 years. 

However, our study finds that controls and sensors have recently jumped towards the top of the list of patented wind components.  This signals a shift in focus towards performance optimization, load mitigation and grid integration in the coming years.

II.  Tomorrow’s Wind Patents:  Five Trends to Watch

Based on more recent filings as well as an analysis of more forward looking industry competitive intelligence we have been able to determine future technology trends.  New technologies, and subsequently the patents, will likely be directed towards five core areas. 

Reducing Component Weight and Manufacturing Costs

The first is component weight / cost reduction, and derives from the desire to maintain a tower head mass ratio (mass / annual kWhr) that is comparable to or better than today’s technology. 

Additionally, most OEMs equate mass with cost in their competitive cost of energy (COE) benchmarking, and rightly so given the expense of commodities, so many wind turbine manufacturers have introduced “cost-out” programs in the recent years. 

Expect these projects to lead to cost cutting innovations for which top tier OEMs will look to capture IP.

Facilitating Component Transport and Assembly

The next area of focus is on component transportation and assembly, which relates back to the mass and cost concepts as well as the physical transportation constraints which exist. 

As component sizes grow due to larger turbines being developed, the mass increases correspondingly, but excessive mass may incur excessive transportation cost.  The use of advanced modeling tools to optimize the amount of material used and predict failure modes becomes important. 

Furthermore, blades with a root diameter or towers with a base diameter beyond ~4.3 meters will face transportation hurdles in a land-based environment.  While it is possible to manufacture such structures inside these physical constraints, more material will be required to reinforce them, which is not an optimal solution in a cost competitive industry. 

Therefore, segmentation of towers and blades as well as “on site” assembly procedures and tools are likely to become of significant importance.  Proactive manufactures have already captured some of the core IP in this area.

Monitoring and Controlling Wind Turbines

The third trend relates to fleet management technology which centers around condition monitoring and control of turbines and wind farms.  While the first two future trends were focused on reducing COE from the capital cost side of the equation, this trend is solely based on minimizing recurring O&M cost. 

Technologies like condition monitoring systems (CMS), which can determine health of individual turbines in a wind farm as well as their components to the integration of CMS with control systems to enable optimal turbine output while still functioning within a dynamic operational envelope are being investigated and even deployed.  

Continuing to operate the turbine in an effort to mitigate unscheduled maintenance as well as planning of scheduled maintenance to maintain as much on-line capacity and up time as possible are important to both OEMs and the owners / operators of wind farms.

Integrating into the Utility Grid

Grid integration is the next trend, and the move towards the “grid friendly” turbine is already underway. 

Turbines based on induction generator technology have found it more difficult and costly to achieve ride-through, allow for curtailment or handle a “black start” where the grid is not present. 

Technologies around providing ancillary services to the turbine, as well as VAR support to the grid are of particular interest. 

The use of permanent magnet synchronous generators enables better efficiency and performance without sacrificing much in the variable speed range, and now with a high degree of interest in direct drive the use of this technology is likely to continue.

Optimizing Performance

Lastly, wind turbine and wind farm performance optimizations will continue.  This is something we have termed “Max energy output, all the time.” 

Controls for both curtailment and “uprating” due to prevailing conditions are being actively investigated by multiple OEMs. 

Also, as mentioned before, the integration of CMS with control systems will enable the determination of remaining useful life of components and the ability to operate the turbine to the maximum potential without incurring further damage.

The days of fixed pitch and fixed speed are over.

Please visit www.totaro-associates.com/articles to obtain the full study results or to download an offline copy of the summary.

New Front Opens in Wind Patent War as Mitsubishi Stages Intervention

January 20th, 2011

mitsubishi_logo.gif 

What began as a separate action may become formally linked to the largest extant U.S. wind power patent war as Mitsubishi has requested to intervene in a lawsuit brought by GE against a former employee over rights to two wind patents.

Last spring GE sued Thomas Wilkins, an electrical engineer who had worked for Enron Wind and then GE after it acquired Enron, in the Eastern District of California, accusing Wilkins of breaching his employment agreements with both companies by his actions with respect to U.S. Patent Nos. 6,924,565 (’565 Patent) and 6,921,985 (’985 Patent).  GE filed an amended complaint in October 2010 (ge-wilkins_am_complaint.pdf).

GE alleged that Wilkins refused to assist in the prosecution of the application that matured into the ’565 Patent, recently asserted an ownership interest in and offered to license the ’565 Patent on a publicly-available web site, and recently asserted an ownership interest in and offered to license the ’985 Patent to Mitsubishi.

The case has aroused Mitsubishi’s interest because the ’985 Patent is one of several asserted by GE against Mitsubishi in at least two lawsuits, including a patent infringement case in Texas and an investigation in the U.S. International Trade Commission, for which GE is appealing the ITC’s ruling.  Among other things, Wilkins’ inventive contributions to the ’985 Patent were at issue in the ITC case.

The ’985 Patent is also one of the patents-at-issue in Mitsubishi’s antitrust suit against GE, in which it has accused its rival of engaging in an anticompetitive scheme to monopolize the U.S. market for variable speed wind turbines.  The antitrust case has been stayed pending resolution of the patent infringement suits.

The ’985 Patent is directed to a wind turbine that includes a blade pitch control system and a turbine controller coupled with the blade pitch control system.  To increase the reliability of the turbine’s power supply, the turbine controller causes the blade pitch control system to vary pitch in response to transitions between different power sources.

In its motion to intervene (mitsubishi_motion.pdf), Mitsubishi argues that it has a right to intervene because this action raises the same technology and ownership issues as the other lawsuits between GE and Mitsubishi, and as the only prospective licensee of the ’985 Patent, Mitsubishi is the real party-in-interest.

Also pending is Wilkins’ motion to dismiss (wilkins_mot_dismiss.pdf), in which he asserts that GE’s claims are barred by the 4-year California state statute of limitations for actions relating to written contracts.  Wilkins contends that all of the claims stem from his alleged breaches of employment agreements, which occurred back in 2004 and 2005.

So an interesting new chapter unfolds in the GE-Mitsubishi wind patent war.  The resolution of Mitsubishi’s motion to intervene and Wilkins’ motion to dismiss will determine whether this latest chapter will be a long one or a short one.

Court Rules Against Jacobs Wind in Minnesota Eco-mark Dispute

December 13th, 2010

jacobs_design.JPG 

In a previous post, I wrote about the wind energy eco-mark suit between two competing Minnesota wind system companies, Jacobs Wind Electric Co. (Jacobs) and Wind Turbine Industries Corp. (WTIC), over rights to the JACOBS word mark and the JACOBS WIND ENERGY SYSTEMS ”whale tail” design mark (shown above) (collectively “JACOBS marks”).

Last month, a federal court in Minneapolis granted WTIC’s motion for partial summary judgment (jacobs_order.pdf), holding that WTIC has priority over Jacobs and therefore has the right to use the JACOBS marks.

There were two reasons for the court’s decision.  First, Jacobs had assigned the rights to the JACOBS marks to another entity in 1980. 

That year, the rights to the JACOBS marks were transferred to a separate corporation, Jacobs Delaware, which subsequently changed its name to Earth Energy Systems, Inc. (EESI).  Jacobs also became subject to a non-compete agreement at that time and agreed not to use the JACOBS marks in connection with the manufacture or sale of wind energy equipment. 

In 1986 Jacobs Delaware/EESI assigned all rights to the JACOBS marks to WTIC.  Jacobs Delaware/EESI ceased operations in 1988.

Although Jacobs contended that it never sold its wind energy business to Jacobs Delaware and that the subsequent assignment to WTIC was invalid, the court disagreed on both counts. 

Specifically, Jacobs argued that Jacobs Delaware was a joint venture with Jacobs that relied on Jacobs to maintain the quality of the wind energy systems.  Because this right and duty was non-assignable and WTIC was not responsible for quality control, Jacobs asserted, Jacobs Delaware/EESI’s assignment to WTIC was null and void.

The court rejected these arguments and held that the assignment to WTIC was valid:

Because the assignment at issue provided that [WTIC] would exercise reasonable supervision of the quality of goods sold by EESI, and because EESI’s use of the JACOBS mark would be a continuance of its previous use, the Court finds that the assignment of the JACOBS mark to [WTIC] in 1986 is valid.

Second, the court held that Jacobs had abandoned its use of the JACOBS marks.  The record showed that Jacobs ceased using the marks in 1980 when it sold the business to Jacobs Delaware and had not manufactured any new wind energy systems in the last thirty years.  

The long time frame created a presumption of abandonment, and Jacob’s resale of a small number of wind energy systems was deemed insufficient to overcome the presumption.

The court ordered cancellation of Jacobs’ U.S. Trademark Registration 1,532,714 for the JACOBS WIND ENERGY SYSTEMS ”whale tail” design mark (’714 Registration) (714_reg.pdf) and further ordered the U.S. Patent and Trademark Office to refuse registration of Jacobs’ U.S. Trademark Application No. 76/677,473 for the JACOBS word mark (’473 Application) (473_app.pdf).

Jacobs is appealing the decision (appeal_notice.pdf).

Court Decision Could Bring Windmill Kite Patent Back Down to Earth

October 5th, 2010

Sky Windpower (Sky) is a California company that markets high altitude wind capture technology.  Sky is the exclusive licensee of U.S. Patent No. 6,781,254 (’254 Patent), which is entitled “Windmill kite” and relates to a flying electric generator (FEG). 

The FEG is essentially a kite with several rotors comprising aerofoil blades (their swept areas indicated by circles 5) attached to platform frame members (3, 4).  Each rotor extends from a nacelle (6) that contains a gear box, a dynamo and a control mechanism to control the angle of the rotor.

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Cables (8) may contain tethering lines to maintain the platform at a substantially fixed location and conductors to connect the dynamos to a ground level electrical supply.

According to the ’254 Patent, the FEG solves problems of the prior art relating to platform stability and the need to winch down the platform during times of weak or no wind.

The ’254 Patent explains that having at least three strategically placed rotors susceptible to blade pitch control stabilizes the platform.  In addition, the dynamos receive power and function as motors to drive the rotors for short periods, thereby keeping the kite aloft when there is no wind.

Bryan W. Roberts, the inventor and owner of the ’254 Patent, has been involved in two rounds of litigation with a company called Baseload Energy (Baseload) over the validity of the patent and certain rights to the technology. 

The first case – a dispute over an agreement between Roberts and Baseload to enter into a joint venture – ended in a Settlement Agreement. 

The Settlement Agreement granted Baseload an option to take a nonexclusive license under the ’254 Patent and contained fairly standard releases from liabilities, claims, etc. for both parties, though the releases expressly excluded disputes arising from the option provision.

After the option lapsed in the fall of 2008, Baseload filed a lawsuit against Roberts in federal court in Washington, DC seeking a declaratory judgment that the ’254 Patent is invalid and unenforceable.  Roberts moved for summary judgment on the ground that Baseload’s claims were barred by the Settlement Agreement. 

The district court granted the motion and held that the terms of the Settlement Agreement barred “all claims between the parties.” 

Baseload appealed, and in a recent decision, the U.S. Court of Appeals for the Federal Circuit reversed.  The Federal Circuit held that the language of the Settlement Agreement did not release claims of infringement of the ’254 Patent or the accompanying defenses of invalidity or unenforceability.

According to the decision, the release provision was not sufficiently clear and unambiguous to release patent invalidity claims because it lacked specific language regarding invalidity issues.  The existence of the option provision was also significant because, the Federal Circuit reasoned, a license wouldn’t be necessary where infringement claims are barred:

Most importantly, the parties could not possibly have intended to release any and all patent infringement claims, because the Settlement Agreement granted Baseload an option to acquire a nonexclusive license to use the technology claimed by the ’254 patent.  The license provision would be unnecessary if all infringement claims under the ’254 patent were released. . . .The parties must have intended to exclude infringement from the scope of the Settlement Agreement.

The Federal Circuit went on to hold that if infringement claims were preserved, the associated defenses of invalidity and unenforceability were also preserved.

The Federal Circuit remanded the case to the district court, where Baseload’s invalidity and unenforceability claims will go forward.