Clean Tech in Court: Green Patent Complaint Update

A number of green patent complaints have been filed in the last several weeks in the areas of biofuels, LEDs, gasoline recycling, and smart grid.



Butamax Advanced Biofuels v. Gevo, Inc.; Gevo, Inc. v. Butamax Advanced Biofuels

In the space of just one week, this mega-litigation grew 43% (by number of lawsuits filed) and 28.5% (by number of patents asserted), with Gevo filing another infringement complaint on July 30th, this time in the Eastern District of Texas, and Butamax adding a declaratory judgment (DJ) suit and a new infringement complaint in Delaware on July 31st and August 6th, respectively.

Gevo’s Complaint asserts U.S. Patent No. 8,232,089, entitled “Cytosolic isobutanol pathway localization for the production of isobutanol” and directed to a recombinant yeast microorganism for producing isobutanol in which the isobutanol producing metabolic pathway includes at least one isobutanol pathway enzyme - dihydroxy acid dehydratase - active in the cytosol of the microorganism (‘089 Patent). 

Butamax filed a DJ Complaint the following day asserting it has not infringed the ‘089 Patent and the patent is invalid. 

Butamax’s new infringement complaint alleges that Gevo infringes U.S. Patent No. 8,222,017, entitled “Ketol-acid reductoisomerase using NADH” (‘017 Patent).  The ‘017 Patent is directed to recombinant mutant ketol-acid reductoisomerase (KARI) enzymes for use in the biological synthesis of isobutanol.

With these latest salvos, I now count ten suits filed and nine asserted patents in this biobutanol battle.



Relume Corporation Trust v. Leotek Electronics USA Corp.

Relume Corporation Trust v. GE Lighting Solutions LLC

Relume filed two patent infringement complaints on July 12, 2012, one against Leotek in the Eastern District of Michigan and the other against GE Lighting Solutions in Delaware.  Both complaints assert Reissue 42,161, entitled “Power supply for light emitting diode array” (‘161 Reissue), which is a reissue of U.S. Patent No. 5,661,645.

The ‘161 Reissue is directed to a power supply apparatus and system for providing power to LEDs, particularly LED array traffic signals.  The accused products are GE’s GTxLED signal modules and Leotek’s IL3 Series LED traffic signal modules.


Schubert v. Cree, Inc.

Schubert v. Koninklijke Philips Electronics N.V.

Schubert v. Osram AG

In these three suits, each filed July 18, 2012 in Delaware federal court, Professor E. Fred Schubert of Rensselaer Polytechnic Institute (RPI) accuses Cree, Philips, and Osram of infringing U.S. Patent No. 6,294,475 (‘475 Patent).

The ‘475 Patent is entitled “Crystallographic wet chemical etching of III-nitride material” and directed to method of processing a III-Nitride epitaxial layer system on a substrate, for example by etching to a selected depth or cleaving, and crystallographical etching the epitaxial layer system in order to obtain crystallographic plane surfaces.  These processes can be used to manufacture GaN-based LEDs.

According to the complaints (Schubert-Cree Complaint, Schubert-Osram Complaint, Schubert-Philips Complaint), Professor Schubert is the Founding Director of the Smart Lighting Engineering Research Center at RPI and has made many significant contributions to the field of compound semiconductors.  

These cases have shades of the Gertrude Neumark Rothschild LED litigation saga (see,e.g., a previous post here), another professor and LED innovator who sued many LED makers and electronics companies for patent infringement. 


Bortex Industry Company Ltd. v. Fiber Optic Designs, Inc.

In this declaratory judgment complaint, filed July 25, 2012 in the Eastern District of Pennsylvania, Bortex requests a DJ that Fiber Optic Designs’ U.S. Patent Nos. 7,220,022 (‘022 Patent) and 7,934,852 (‘852 Patent) are invalid, unenforceable, and not infringed.

The ‘022 and ‘852 Patents are related patents entitled “Jacketed LED assemblies and light strings containing same” and directed to LED strings having a transmissive cover and an integrally molded thermoplastic jacket at the opening of the cover to provide a seal at the opening against moisture and airborne contaminants.


Gasoline Recycling

Yellow Dog Technologies, LLC v. Fuel Recyclers, LLC

Yellow Dog filed this complaint on August 1, 2012 in federal court in Arizona accusing Fuel Recyclers of infringing U.S. Patent No. 8,165,781 (‘781 Patent). 

The ‘781 Patent is entitled “Fuel recovery” and directed to fuel pump controllers and software for operation of a fuel pump of a combustion engine so it pumps a predefined amount of fuel in the fuel line directly to a drain conduit.


Smart Grid

Electric Power Group, LLC v. Alstom, S.A.

Filed July 25, 2012 in the Central District of California, this complaint by Electric Power Group (EPG), a Pasadena, California, developer and distributor of electric grid monitoring solutions, accuses the French conglomerate Alstom and its U.S. division Alstom Grid of infringing U.S. Patent No. 8,060,259 (‘259 Patent).

The ‘259 Patent is entitled “Wide-area, real-time monitoring and visualization system” and directed to a wide-area real-time performance monitoring system for monitoring and assessing dynamic stability of an electric power grid.

Eric Lane Avatar

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.