December 2011 Green Patent and Copyright Update 0

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.

Original Article on Green Patent Blog

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