A previous post reported on the LED patent lawsuit between North Carolina LED manufacturer Cree and Feit Electric Company in which Cree has alleged infringement of a number of utility and design patents.

There are several patents involved with this case but none as far reaching as U.S. Patent No. 8,596,819 (‘819 Patent). Let’s look at the first claim:

1.  A lighting device comprising at least one light emitting diode, said lighting device, when supplied with electricity of a first wattage, emitting output light with a wall plug efficiency of at least 60 lumens per watt of said electricity.

This claim covers all LED devices with an efficacy over 60 lumens per watt with at least one LED.

The latest Energy Star luminaire requirements (taking effect in 2016) for all luminaire categories, but track need to meet or exceed 60 LPW. Most large retailers have relied upon Energy Star to help qualify products for sale to residential customers. In some cases, products without Energy Star will not be considered for sale in retail outlets.

Energy Star is required to qualify for many utility rebate programs. Energy Star is a Department of Energy program and has been made aware of the ‘819 Patent. They were made aware of this patent issue before the latest luminaire requirements were finalized.

Those who honor the ‘819 Patent would be denied rebate dollars and the potential to sell into some large volume accounts because meeting Energy Star requirements would force them to infringe the patent.

Energy Star has the best interest of the country in mind, but one has to question their decisions when their policies will clearly steer rebates dollars and retail business directly towards a single patent holder.

This case is about more than one company against another, it is the test of a patent that could be used successfully to deny businesses the opportunity to get an Energy Star listing and qualify for rebate dollars.

For those looking to sell into the commercial channel and get added to the Design Lights Consortium (DLC) qualified product list, they will only qualify for display case lighting and directional interior categories. All lamps would infringe as well. Like Energy Star, DLC qualified products are eligible for rebates.

Another Cree patent in this lawsuit is U.S. Patent No. 8,628,214 (‘214 Patent).  This patent is very similar to the ‘819 Patent. The first claim of the ‘214 Patent reads:

 1.  A lighting device comprising:a first string of solid state light emitters in series, the first string comprising at least two solid state light emitters,

a second string of solid state light emitters in series, the second string comprising at least two solid state light emitters,

a third string of solid state light emitters in series, the third string comprising at least two solid state light emitters,

the lighting device, when supplied with electricity of a first wattage, emitting output light with a wall plug efficiency of at least 60 lumens per watt of the electricity.”

Perhaps it is time for those who support Energy Star and DLC to consider a revised set of efficacy standards that promote free trade and offer their customers a wider range of options. The following organizations have influence, and as objective third parties can help all interested parties find solutions that will help save energy without infringing these patents.

DSIRE Database of State Incentives for Renewables and Efficiency:  http://www.dsireusa.org/

ACEEE (American Council for an Energy Efficient Economy):  http://aceee.org/

AESP Association of Energy Service Professionals:  http://www.aesp.org/

CEE (Consortium for Energy Efficiency):  http://www.cee1.org/

ESource:  http://www.esource.com

Vinson Conlan has been developing light fixtures for nearly 30 years and has spent the last 9 years specializing in LED products. He has 8 US patents and has a broad range of experience working for family owned businesses as well as Fortune 100 companies. Vinson currently heads up product development for a leading company in the solid state lighting industry.

Lighting Science Group expanded their intellectual property for their LED Disc Light (Glimpse) with three recent patents.

The trio of patents cover LED light fixtures that are low profile and designed to cover recessed light fixtures and junction boxes. Most of these fixtures look like recessed trims with a lamp or a recessed light fixture trim with a lens.

Their latest patent is written to cover fixtures that are designed to cover a recessed light fixture housing and a junction box with a driver located between the light fixture and the junction box or recessed housing. The ratio of height to diameter is not included in the first claim as it was on the original patent, U.S. Patent No. 8,201,968 (‘968 Patent).

The combination of patents covers many fixture types currently manufactured in North America. Examples of their products can be found here.

The second patent, U.S. Patent No. 8,672,518, entitled “Low profile light and accessory kit for the same”, issued March 18, 2014.

U.S. Patent No. 8,967,844, entitled “Low profile light and accessory kit for the same” (‘844 Patent), issued on March 3, 2015. This is the third of the patents issued that provides coverage for their disc light LED product.

All of the patents claim the benefit of U.S. Provisional Application Ser. No. 61/248,665, filed Oct. 5, 2009.

The following description from the ‘968 Patent has been separated into two claims in the ‘844 Patent:

wherein the heat spreader, the heat sink and the outer optic, in combination, have an overall height H and an overall outside dimension D such that the ratio of H/D is equal to or less than 0.25; wherein the combination defined by the heat spreader, the heat sink and the outer optic, is so dimensioned as to: cover an opening defined by a nominally sized four-inch can light fixture; and, cover an opening defined by a nominally sized four-inch electrical junction box.

In place of the above, claim 1 in the ‘844 Patent adds the following:

…and a power conditioner disposed and configured to receive AC voltage from an electrical supply and to provide DC voltage for the plurality of LEDs; wherein the power conditioner is disposed, configured and sized to fit at least partially within an interior space of: a nominally sized can light fixture; and, a nominally sized electrical junction box.

Another recent patent of interest

Copper Technologies (see Halo brand products) was granted U.S. Patent No. 9,010,956,entitled “LED module with on-board reflector-baffle-trim ring” (‘956 Patent). Claim 1 reads as follows:

A light module, comprising:

a heat sink comprising an internal surface surrounding a heat sink cavity formed therein, the internal surface comprising:

a mounting region; and

a reflector region extending from the perimeter of the mounting region to a distal end;

one or more light sources coupled to the mounting region within the heat sink cavity; and

a plurality of mounting pads disposed circumferentially around a portion of the heat sink to separably couple the light module to a housing having a five inch diameter cavity or a housing having a six inch diameter cavity, each mounting pad comprising:

a first receiving hole; and

a second receiving hole,

wherein either the first receiving hole or the second receiving hole is coupled to a torsion spring,

wherein when the torsion spring is coupled to the first receiving hole, the light module is coupled to the housing having the five inch diameter cavity, and

wherein when the torsion spring is coupled to the second receiving hole, the light module is coupled to the housing having the six inch diameter cavity.

One of the embodiments, which is on the shelf at a popular retail DIY chain, can be seen here.

The ‘956 Patent protects their current low cost LED trim; many low cost trims use a similar construction.

Vinson Conlan has been developing light fixtures for nearly 30 years and has spent the last 9 years specializing in LED products. He has 8 US patents and has a broad range of experience working for family owned businesses as well as Fortune 100 companies. Vinson currently heads up product development for a leading company in the solid state lighting industry.