Duane Morris Green IP

January 31, 2020 by Justus Getty

Thunder Power EV Patents Affirmed as Invalid by Federal Circuit

U.S Court of Appeals for the Federal Circuit has refused to rehear a decision invalidating three EV patents owned by Hong Kong-based Thunder Power New Energy Vehicle Development Co., Ltd.
The patents were previously asserted against Byton North America Corp., a subsidiary of another Chinese-based EV company called Nanjing Byton.

The U.S Court of Appeals for the Federal Circuit last month refused to rehear an appeal brought by the Hong Kong-based electric vehicle (EV) company Thunder Power New Energy Vehicle Development Co., Ltd. In refusing the rehearing, the Federal Circuit continued to affirm the findings of a lower court that three EV patents owned by Thunder Power are directed to patent ineligible subject matter and are therefore invalid. The Thunder Power patents appear headed for cancellation – the same fate as four previously invalidated EV patents owned by ChargePoint (see our earlier coverage of the ChargePoint patents here). Continue reading “Thunder Power EV Patents Affirmed as Invalid by Federal Circuit”

December 6, 2019 by Justus Getty

Recap: Greentech Media’s Power & Renewables Summit

While it’s hard to believe that more than a month has passed since the 2019 Power & Renewables Summit in Austin, Texas, the Duane Morris Green IP Blog wanted to make sure to share some of the key intellectual property takeaways from that conference. The conference organizers put together a rigorous and thought-provoking agenda that covered a lot of ground in just two days. The Greentech Media team and their colleagues at Wood Mackenzie also provided deep dives into their data, analytics, and forecasting for renewables. Continue reading “Recap: Greentech Media’s Power & Renewables Summit”

October 15, 2019 by Justus Getty

Solar Tracking Patent Survives Challenge at Patent Trial and Appeal Board

A solar tracking patent owned by Array Technologies survived a challenged brought by ArcelorMittal before the Patent Trial and Appeal Board.
Array Technologies had previously brought infringement claims against a solar tracking company called Exosun. ArcelorMittal later bought assets from Exosun, which may have prompted ArcelorMittal’s challenge to the Array Technologies patent.

A solar tracking patent owned by Array Technologies, Inc. was upheld as patentable in a final decision issued by the Patent Trial and Appeal Board earlier this month. The validity of the patent had been challenged by international steel and manufacturing giant ArcelorMittal in a petition filed with the Board in March 2018. After reviewing that petition and hearing arguments from both sides in the case, the Board has determined that the claimed invention of the solar tracking patent is both new and non-obvious over solar tracking technology at the time the invention was made. The Board therefore upheld the patentability of Array’s patent. Continue reading “Solar Tracking Patent Survives Challenge at Patent Trial and Appeal Board”

September 6, 2019September 6, 2019 by Justus Getty

SunTrac Challenges Solar-Assisted Air Conditioner Patent

SunTrac Solar Manufacturing LLC has challenged at patent owned by DZSolar Ltd. that is directed to a solar-assisted temperature control system.
SunTrac alleges that the invention claimed by DZSolar was disclosed in another patent application at least 16 years before DZSolar filed its patent application. If SunTrac is successful in the challenge, the DZSolar patent would be canceled.

SunTrac Solar Manufacturing LLC, a producer of hybrid climate control systems based in Tempe, Arizona, filed a challenge last month against a patent owned by the U.K.-based DZSolar Ltd. SunTrac’s challenge was brought before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, and alleges that the claimed invention of DZSolar’s U.S. Patent No. 9,267,713 is unpatentable because the invention was already well-known at the time DZSolar filed its patent application. In order to be eligible for a patent, a patent application must claim an invention that is a new and non-obvious improvement over existing technology at the time the patent application is filed. Continue reading “SunTrac Challenges Solar-Assisted Air Conditioner Patent”

June 27, 2019July 2, 2019 by Justus Getty

GE and Vestas Settle Patent Dispute

GE and Vestas announced yesterday that they have reached a settlement in their long-running patent battle over “Zero Voltage Ride Through” or “ZVRT” technology.
The parties are taking actions to dismiss all aspects of the dispute, including a patent infringement lawsuit being heard in federal court and multiple patent validity challenges at the Patent Trial and Appeal Board.

GE and Vestas have announced “an amicable settlement of all disputes related to multiple patent infringement claims in the U.S.,” bringing to an end their long-running patent battle over “Zero Voltage Ride Through” or “ZVRT” technology. Although details remain confidential, the parties announced that the settlement agreement includes:

A full release of liability for any past infringement of the patents-in-suit;
A cross-license of the patents-in-suit and their family members; and
A confidential payment from Vestas to GE.

Continue reading “GE and Vestas Settle Patent Dispute”

May 28, 2019May 28, 2019 by Justus Getty

Thought Leaders in the Energy Industry Stress Need for Innovation

At a panel discussion hosted by Politico and the American Wind Energy Association on May 15, 2019, thought leaders in the energy industry called for innovative solutions to some of the challenges facing America’s energy infrastructure. The panel, entitled “Reinventing American Energy: Modernizing U.S. Power Infrastructure for a Clean Energy Future,” featured U.S. Senator Martin Heinrich (D-N.M.); Sue Kelly, President and CEO of the American Public Power Association; and Andrew Ott, President and CEO of the PJM Interconnection. Continue reading “Thought Leaders in the Energy Industry Stress Need for Innovation”

April 10, 2019 by Justus Getty

Federal Court Litigation Between GE and Vestas Likely to Remain Stayed; Parties Continue to Battle at Patent Board

The patent infringement lawsuit being heard in federal court in Delaware between General Electric and Vestas Wind Systems A/S appears likely to remain on hold through late 2019 or early 2020.
GE and Vestas remain locked in a long-running patent battle over “Zero Voltage Ride Through” or “ZVRT” technology. Each party has brought challenges against the validity of the other party’s patents to the Patent Trial and Appeal Board, which is expected to hear those challenges over roughly the next 12 months.

The patent infringement case between rival wind turbine manufacturers GE and Vestas appears likely to remain on hold at least through late 2019 as the parties continue to battle over the validity of the asserted patents in separate cases before the Patent Trial and Appeal Board. GE and Vestas jointly filed a pair of status reports last month with the federal court in Delaware that is hearing the case, updating the court on the progress of those separate cases at the Patent Board. The court had earlier stayed the federal court litigation while awaiting decisions from the Patent Board on the validity of the GE and Vestas patents involved in the case. Continue reading “Federal Court Litigation Between GE and Vestas Likely to Remain Stayed; Parties Continue to Battle at Patent Board”

April 2, 2019April 10, 2019 by Justus Getty

Federal Circuit: Four ChargePoint Patents Assserted Against SemaConnect Are Invalid

The Federal Circuit upheld an earlier decision by a federal court in Maryland that found four ChargePoint patents to be invalid for claiming inventions that are not eligible for patent protection.
The Federal Circuit decision is a victory for electric vehicle charging station manufacturer SemaConnect, who was sued for allegedly infringing the four ChargePoint patents in December 2017.

The United States Court of Appeals for the Federal Circuit ruled last Thursday that four patents owned by ChargePoint, Inc., are invalid. The patents are directed to a networked electric vehicle charging station (EVCS) and were previously held invalid by a federal court in Maryland for claiming inventions that are ineligible for patent protection. ChargePoint had appealed that holding to the Federal Circuit. Continue reading “Federal Circuit: Four ChargePoint Patents Assserted Against SemaConnect Are Invalid”

March 10, 2019 by Justus Getty

Pair of LA-Based Solar Installers Head to Court for Patent Fight

Solar installation rivals PermaCity and Orion Solar Racking are headed to federal court in California for a dispute over PermaCity’s patented roof mounting technology and an alleged breach of a non-disclosure agreement.

PermaCity Corporation, a solar installation company based on Los Angeles, has sued rival Orion Solar Racking Inc. in federal court in California for alleged patent infringement and breach of a non-disclosure agreement (NDA). PermaCity manufactures and sells a roof-mounting product called SolarStrap, which is marketed as a faster and less expensive way to install solar panels. Continue reading “Pair of LA-Based Solar Installers Head to Court for Patent Fight”

February 28, 2019June 27, 2019 by Justus Getty

Continuing Coverage of GE v. Vestas: Wind Turbine Patent Litigation

From July 2017 to June 2019, the two leading wind turbine providers in the United States – General Electric and Vestas, reportedly controlling more than 80% of the U.S. wind turbine market – engaged in a patent fight over who controls key technology for connecting turbines to the grid. The fight spanned four asserted patents (two owned by GE and two by Vestas) and a pair of venues (federal court in California and the Patent Trial and Appeal Board. Continue reading “Continuing Coverage of GE v. Vestas: Wind Turbine Patent Litigation”