The Coming EV Revolution

This post was co-authored by Brad Thompson and Nicole Candelori.

“Disruption” is a term that tends to be used casually when attempting to describe an industry or technological change on the horizon. Although the term may be overused in many contexts, it is hard to formulate a better word to describe the looming disruption that is certain to emanate from the increased adoption of electric vehicles (EVs).

There are numerous projections as to the anticipated volume and rate of movement away from internal combustion engines (ICEs) and towards EVs. According to one of those projections – a 2018 Bloomberg New Energy Finance report – global EV sales are expected to increase almost tenfold in just eight years: from 1.1 million in 2017 to 11 million in 2025, and later to 30 million in 2030. [1] Regardless of whether this forecast proves to be accurate on the timeline predicted, one trend line is undeniable: EVs are coming, and at some point relatively soon, the ICE will soon become a dying breed of vehicle transportation on the road. Continue reading The Coming EV Revolution

Federal Circuit to Decide Validity of ChargePoint Patents

  • Oral arguments were heard last Thursday at the Federal Circuit for a patent dispute between electric vehicle charging station rivals ChargePoint, Inc. and SemaConnect, Inc.
  • The Federal Circuit is reviewing 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 United States Court of Appeals for the Federal Circuit is poised to decide the validity of four key ChargePoint, Inc., patents after hearing oral arguments last Thursday. The patents at issue 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 appealed that holding to the Federal Circuit. Continue reading Federal Circuit to Decide Validity of ChargePoint Patents

Vestas Challenge to Invalidate GE Wind Tech Patent is Denied

  • The Patent Trial and Appeal Board denied a challenge brought by Vestas Wind Systems A/S against a General Electric patent directed to technology for connecting wind turbines to the electric grid.
  • 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 Trial and Appeal Board denied a challenge brought by Vestas Wind Systems A/S in the year-long patent feud with General Electric.  The Board, an adjudicatory body within the U.S. Patent and Trademark Office, determined that the challenge brought by Vestas against GE’s U.S. Patent No. 6,921,985 was nearly identical to an earlier challenge heard by the Patent Office.  Since re-hearing similar challenges is considered an inefficient use of the limited resources of the Patent Office, the Board decided to deny the Vestas challenge. Continue reading Vestas Challenge to Invalidate GE Wind Tech Patent is Denied

Top Posts from Our First Year of the Duane Morris Green IP Blog

This week marks the one-year anniversary of our first post to the Duane Morris Green IP Blog, so we thought we’d mark the occasion with a look back at our top posts of the first year. This list was developed subjectively from a loose combination of reader feedback, page traffic, and republication. Continue reading Top Posts from Our First Year of the Duane Morris Green IP Blog

Transatomic Power to Open Source IP Regarding Advanced Molten Salt Reactors

  • Advanced nuclear reactor design firm Transatomic Power announced that it will suspend operations and open-source its intellectual property.
  • Transatomic’s intellectual property portfolio includes three patent applications and, presumably, reactor designs and specifications that have been held until now as trade secrets.

Transatomic Power, a company that once aimed to repurpose spent nuclear fuel as an energy source for advanced reactors, announced recently that it will suspend operations and open source its intellectual property. Transatomic cited its inability to “scale up the company rapidly enough to build our reactor in a reasonable timeframe” as the reason for closing shop. Continue reading Transatomic Power to Open Source IP Regarding Advanced Molten Salt Reactors

Vestas Files New Challenge Against GE Wind Turbine Patent

  • After filing a first challenge against GE’s U.S. Patent No. 6,921, 985 in May, Vestas has filed a second challenge in August to expand its attack on that patent. GE had previously asserted the ’985 Patent against Vestas in a federal patent infringement lawsuit.

Last month Vestas Wind added yet another proceeding to its year-long patent battle against General Electric Company, filing a new challenge against GE’s U.S. Patent No. 6,921,985 at the Patent Trial and Appeal Board. Vestas had already filed one challenge against the ’985 Patent in May, and appears to have filed a second challenge to attack additional claims of the ’985 Patent. Continue reading Vestas Files New Challenge Against GE Wind Turbine Patent

Solar Panel Mounting Patents Found Invalid, Potentially Saving Defendants EcoFasten and SunModo

  • The U.S. Court of Appeals for the Federal Circuit found three patents directed to solar panel mounting technology to have defective priority claims. As a result, the allegedly-infringing products sold by EcoFasten and SunModo pre-date the patents, rendering the patents invalid.

The U.S. Court of Appeals for the Federal Circuit recently affirmed the invalidity of three patents directed to solar panel mounting technology. The patents are owned by solar installer D Three Enterprises LLC, and were asserted in federal court against SunModo Corporation and Rillito River Solar LLC, which does business under the name EcoFasten Solar. Now that the three patents have been affirmed as invalid, D Three’s lawsuit against SunModo and EcoFasten will potentially be dismissed. Continue reading Solar Panel Mounting Patents Found Invalid, Potentially Saving Defendants EcoFasten and SunModo

GE, Vestas Battling in a Technological Field They Dominate

  • GE and Vestas are now one year into patent litigation that has the potential to impact the U.S. wind turbine market. The parties reportedly control more than 80% of the market between them.
  • The patents at issue claim inventions in the field of controlling wind turbine generators. GE and Vestas are the preeminent patent owners in this field.

This week marks one year since GE filed a patent lawsuit against its main rival in the U.S. wind turbine industry, the Danish company Vestas A/S. In the past year, GE has modified its patent infringement allegations; Vestas has denied infringement, alleged inequitable conduct by GE when obtaining the patents, and counter-sued GE for infringing Vestas’ patents; and both parties have filed challenges to each other’s asserted patents with the Patent Trial and Appeal Board (see here and here). The litigation in federal court was also recently put on hold to await the outcome of those challenges at the PTAB. Continue reading GE, Vestas Battling in a Technological Field They Dominate

EVelozcity Loses Bid to Disqualify Part of Faraday’s Legal Team

  • While defending against allegations of trade secret misappropriation, EVelozcity attempted to disqualify part of Faraday’s legal team for a conflict of interest. That attempt fell short when the court ruled that EVelozcity had not shared confidential information with the allegedly-conflicted attorneys.

As discussed in our previous post, the artificial intelligence electric vehicle developer Faraday&Future, Inc. filed a lawsuit in January against rival startup EVelozcity, Inc. for misappropriation of trade secrets. Several senior members of the EVelozcity team were formerly employed by Faraday, and Faraday accused those former employees of stealing trade secrets on their way out the door. EVelozcity responded to these accusations with two motions to the court. Continue reading EVelozcity Loses Bid to Disqualify Part of Faraday’s Legal Team

Breaking Down the Faraday Future Trade Secret Case

  • The artificial intelligence electric vehicle developer Faraday&Future has sued rival EVelozcity for misappropriation of trade secrets.
  • EVelozcity was formed by the former CFO of Faraday and allegedly recruited several Faraday employees to defect and bring substantial amounts of confidential Faraday data with them.

In January, the artificial intelligence electric vehicle developer Faraday&Future, Inc. filed a lawsuit against rival startup EVelozcity, Inc. for misappropriation of trade secrets. Faraday has reportedly invested more than $1 billion to develop a vehicle called FF 91, which is scheduled to begin production late this year. Continue reading Breaking Down the Faraday Future Trade Secret Case