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”

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”

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:

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

Continue reading “GE and Vestas Settle Patent Dispute”

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”

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”

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”

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”

Wind Turbine Litigation: Judge Orders Stay of GE v. Vestas

  • The patent litigation between GE and Vestas was put on hold pending the outcome of several challenges to the disputed patents brought at the Patent Trial and Appeal Board.
  • The patents at issue include both GE and Vestas patents directed to wind turbine technology, and specifically to ensuring safe and reliable connections between wind turbines and the power grid.
  • Based on scheduling at the PTAB, the patent litigation will likely be suspended for a minimum of six months and a maximum of eighteen months.

The U.S. District Court judge hearing a dispute over wind turbine patents between GE and Vestas put the case on hold last week, electing to await developments in a series of challenges brought against the patents at the Patent Trial and Appeal Board (PTAB). In an order signed June 7, 2018, Judge Andre Birotte Jr. indicated that the litigation is stayed (suspended) until the PTAB has issued Institution Decisions in each of the validity challenges filed by GE and Vestas (for a recap of those challenges, see our earlier posts regarding GE’s challenges against Vestas and Vestas’s challenges against GE). Continue reading “Wind Turbine Litigation: Judge Orders Stay of GE v. Vestas”

GE v. Vestas Litigation Update: GE Moves to Sever Counterclaims, Vestas Brings Invalidity Challenge

  • GE asked a federal court to split its patent litigation with Vestas into two parts, which would allow the litigation to proceed with respect to GE’s claims against Vestas while delaying a trial on Vestas’ counterclaims against GE.
  • Vestas filed invalidity challenges at the Patent Trial and Appeal Board against the two GE patents asserted in the litigation.

The patent litigation between two titans of the wind turbine industry continues to heat up as the parties fight over the validity of each other’s patents and the scope of the dispute itself. GE and Vestas, reported to control more than 80% of the US wind turbine market, have been engaged in patent litigation since last summer. Recent developments in the case have the potential to greatly impact the number of claims heard at trial and the relative bargaining power between the parties. Continue reading “GE v. Vestas Litigation Update: GE Moves to Sever Counterclaims, Vestas Brings Invalidity Challenge”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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