Clean Tech in Court: Green Patent Complaint Update

There have been several green patent complaints filed in the past several weeks in the fields of biofuels, LEDs, solar power, and industrial water purification.



Butamax Advanced Biofuels, LLC v. Gevo, Inc.

On May 15, 2012, Butamax filed suit against Gevo in the United States District Court for the District of Delaware alleging Gevo is infringing one of its patents related to the production of isobutanol using recombinant microorganisms. 

This suit is the latest in the expanding litigation between Gevo and Butamax (see, e.g., previous posts here, here, here, here, and the post on Butamax’s opening shot).

The asserted patent is U.S. Patent No. 8,178,328, entitled “Fermentive Production of Four Carbon Alcohols” (‘328 Patent).  The ‘328 Patent is the latest in a family of patents – including U.S. Patent Nos. 7,993,889 and 7,851,188  – that Butamax has been asserting against Gevo.

According to the Butamax complaint, the ‘328 Patent discloses and claims certain recombinant microbial host cells comprising an engineered isobutanol biosynthetic pathway.

Butamax alleges that Gevo uses recombinant microbial host cells capable of producing isobutanol that embody the invention in the ‘328 Patent, and that Gevo’s U.S. Patent No. 8,097,440 includes examples of such infringing host cells.

Gevo is seeking a judgment that Gevo infringes the ‘328 Patent, preliminary and permanent injunctions, and monetary damages.


Neste Oil Oyj v. Dynamic Fuels, LLC et al.

Neste Oil Oyj filed suit in the United States District Court for the District of Delaware on May 29, 2012 against Dynamic Fuels, Syntroleum Corporation and Tyson Foods, alleging Defendants’ synthetic renewable diesel fuels infringe U.S. Patent No. 8,187,344 (‘344 Patent).

The ‘344 Patent is entitled “Fuel Composition for a Diesel Engine” and directed to diesel fuels made from animal, plant, or fish fatty acids.

Dynamic Fuels is a joint venture of Syntroleum and Tyson Foods that operates refineries capable of producing allegedly infringing synthetic renewable diesel fuels using the necessary biological feedstock.

According to the Neste complaint, the Dynamic Fuels plant has produced substantial volumes of the accused product over the past couple of years.

Neste  is seeking a judgement of infringement of the ‘344 Patent, a permanent injunction, and monetary damages.



Fairchild Semiconductor Corporation et al. v. Power Integrations, Inc.

Filed May 1, 2012 in the United States District Court for the District of Delaware, Fairchild Semiconductor Corporation and System General Corporation’s (collectively “Fairchild”) complaint alleges that Power Integrations infringes four patents owned by Fairchild:

U.S. Patent No. 7,525,259, entitled “Primary Side Regulated Power Supply System With Constant Current Output” (‘259 Patent);

U.S. Patent No. 7,286,123, entitled “LED Driver Circuit Having Temperature Consideration” (‘123 Patent);

U.S. Patent No. 7,616,461, entitled “Control Method and Circuit with Indirect Input Voltage Detection by Switching Current Slope Detection” (‘461 Patent); and

U.S. Patent No. 7,259,972, entitled “Primary-Side-Control Power Converter Having a Switching Controller Using Frequency Hopping and Voltage and Current Control Loops” (‘972 Patent).

Fairchild alleges that Power Integrations’ LinkSwitch-PH controllers infringe the ‘259, ‘123, and ‘461 Patents.

According to Fairchild’s complaint, Power Integrations’ LinkSwitch-II and Linkswitch-CV devices were previously found to infringe claims 6, 7, 18, and 19 of the ‘972 Patent.  

However, Fairchild alleges that the same day, Power Integrations issued a press release encouraging customers to continue using the infringing products by stating that its customers are unaffected by the verdict. As such, Fairchild claims that Power Integrations is now inducing infringement of claims 6, 7, 18, and 19 of the ‘972 Patent.

Fairchild is seeking a judgment of infringement, an injunction, and monetary damages.


Ruud Lighting, Inc. v. Cooper Lighting, LLC

On May 23, 2012, Ruud Lighting filed suit against Cooper Lighting in the United States District Court for the Eastern District of Wisconsin seeking a permanent injunction and monetary damages for infringement of U.S. Patent No. 7,952,262 (‘262 Patent).

Entitled “Modular LED Unit Incorporating Interconnected Heat Sinks Configured to Mount and Hold Adjacent LED Modules,” the ‘262 Patent is directed to a modular LED unit including one or more LED modules, each bearing an array of LEDs and secured to a heat sink.

Ruud manufactures and sells numerous LED products embodying the invention of the ‘262 Patent for area and street lighting applications and certain floodlight lighting products.

According to the Ruud complaint, Cooper sells a product known as its “Generation Series LED Post Top Luminaire,” which infringes the ‘262 Patent.



Rena GMBH v. M.E. Baker Company

Rena GMBH filed suit against M.E. Baker Company on May 3, 2012 in  the United States District Court for the Central District of California.  Rena is alleging infringement of U.S. Patent No. 7,943,526, entitled “Process for the Wet-Chemical Treatment of One Side Silicon Wafers” (‘526 Patent).

The ‘526 Patent is directecd to a process for wet-chemical treatment of one side of a silicon wafer using a liquid bath.  The patented invention improves upon prior processes for protecting or masking the surfaces that are not to be chemically treated.

According to the Rena Complaint, M.E. Baker Company’s treatment process infringes the ‘526 Patent. 

Rena GMBH is seeking a permanent injunction and monetary damages


Water Purification

Calgon Carbon Corporation et al. v. Remote Light Water, Inc.

Calgon Carbon Corporation and Hyde Marine, Inc. (collectively “Calgon”) filed suit against Remote Light Water (RLW), seeking a declaratory judgment of non-infringement and invalidity of RLW’s U.S. Patents Nos. 6,447,721 (‘721 Patent) and 6,403,030 (‘030 Patent).

Filed May 8, 2012 in the United States District Court for the Western District of Pennsylvania, Calgon’s Complaint alleges that counsel for RLW sent a letter offering Calgon a license under the ‘721 and ‘030 Patents for Calgon’s Sentinal UV drinking water disinfectant product.

The ‘721 Patent describes a UV disinfection system comprising at least one light source with controllable UV light output that has at least one UV dose zone for providing effective sterilization of microorganisms within the water.  The ‘030 Patent describes a similar process effective for treating waste-containing fluid.

According to the Complaint, Calgon has reasonable apprehension that RLW will sue for infringement because RLW is “in the business of enforcing its patent portfolio through litigation.” 

*Jeff Woodley is a contributor to Green Patent Blog.  Jeff is a summer associate at McKenna Long & Aldridge and is currently in his final year at the University of California, Los Angeles School of Law.  He received his undergraduate degree in Economics also from the University of California, Los Angeles.

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Eric Lane

Eric Lane, the founder and principal of Green Patent Law, is an intellectual property lawyer and registered U.S. patent attorney in New York and is a member of the bar in New York and California. Eric has more than two decades of experience working with wind, solar PV, CSP, biofuels, and geothermal, energy storage technologies, carbon capture and sequestration, medical devices, data communications, mechanical, chemical, internet and software.