Archive for May, 2009

Enablement Defense Fails in Green Patent Litigation

Friday, May 22nd, 2009

Law360 reports that a defendant’s assertion of lack of enablement failed at district court. The technology at issue involves a green parts-cleaning invention. The patents at issue are 6,019,110, 6,374,835, 6,440,226 and 6,451,125.

US Patent 6,019,110 recites in the Abstract:


Provided is a parts washer that includes a multi-tiered basin, a cleaning fluid and a biological component, living within the fluid, that breaks down organic waste. The multi-tiered basin includes a sink member with a false bottom, and a support grid and filter are interposed between the false bottom and a bottom panel of the sink member. The false bottom, support grid, and filter are readily removable from the sink member. The tank is partially filled with the cleaning fluid and a pump and conduit assembly direct a flow of the cleaning fluid to the basin. The cleaning fluid discharged into the basin flows through a drain hole in the false bottom, through the filter and support grid, and then through a drain hole in the bottom panel of the sink member back into the tank for reuse. The cleaning fluid includes, at least, a surfactant that functions to remove organic waste from the parts being washed. The biological component within the cleaning fluid includes nonpathogenic microorganisms that break down the organic waste. The cleaning fluid is not toxic to the microorganisms. The pump and conduit assembly, in addition to aiding in the removal of organic waste, functions to aerate the cleaning fluid to maintain a proper environment for the microorganisms. A heater, thermostat, and level control assembly function to maintain the cleaning fluid within a certain temperature range so as to aid in the removal of organic waste and maintain a proper environment for the microorganisms.

Expert evidence was used to contradict the assertion that the inventions were not enabled. Law360 reports that the expert stated, in trial, that “any kid” could perform the experiments needed to enable the invention.

Cleantech Investor in as Head of Chrysler

Wednesday, May 20th, 2009

Bob Kidder has been selected to lead the entity that will be formed from the partnership between Chrysler and Fiat SpA. Kidder was formerly chairman and CEO of Borden Chemical, Inc. and Duracell International Inc.

Interestingly, Kidder is also chairman and CEO of 3Stone Advisors LLC. From the 3Stone website:

3Stone Advisors manages the 3Stone Inflection Fund which is currently making control private equity investments in Cleantech businesses, with a focus on water. Typically, 3Stone invests $10 million to $50 million of equity in a company with a strong management and a strategically sound growth path. 3Stone engages at the strategic level, and holds management accountable for managing the growth of the business. We call this “active strategic engagement.”

It will be interesting to watch as Chrysler heads in a new “clean” direction. The outfit splashed onto the EV scene when they unveiled a suite of EVs at the North American International Auto Show. Further, it is thought that the partnership with Fiat is to give them a head start using Fiat’s small-car expertise.

Sunlight Research has studied patenting relating to the cooling of EV batteries as well as torque control of hybrid vehicles. Patent holdings for EV batteries ranked Chrysler as six, although it must be said that these properties now seem to belong to the United States Treasury. Fiat had no intellectual property in this sector, according to the forthcoming Sunlight Research report.

It will be interesting to watch how this new entity, which now seemingly has a great cleantech focus, will fair. While many note that Chrysler will benefit from Fiat’s technology, it seems that Fiat also has a great deal to gain from the partnership.

Peer-to-patent Focuses on Cleantech

Thursday, May 14th, 2009

The Peer-to-Patent project has announced that they’ve chosen to focus their attention on two cleantech patent applications.

The first patent application has the publication number 20090062969 and is titled: Hybrid robust predictive optimization method of power system dispatch.

The abstract reads: A method of power system dispatch control solves power system dispatch problems by integrating a larger variety of generation, load and storage assets, including without limitation, combined heat and power (CHP) units, renewable generation with forecasting, controllable loads, electric, thermal and water energy storage. The method employs a predictive algorithm to dynamically schedule different assets in order to achieve global optimization and maintain the system normal operation.

The second patent application has the publication number
20090062967 and is titled: HYBRID VEHICLE RECHARGING SYSTEM AND METHOD OF OPERATION.

The abstract reads: A system and method for recharging a plug-in hybrid vehicle. The system includes a controller that schedules the recharging of the vehicles on local electrical distribution networks. The system arranges the schedule to minimize the demand loading on the local distribution network to more efficiently operate power plants providing electrical power to the distribution networks. A system for collecting charges associated with the recharging of plug-in hybrid vehicles is also disclosed providing for prepaid utility accounts.

I’ve attached a claim map (click the man below) of each patent application so that the reader can quickly assess what’s in them. For example, although “hybrid” is in the title of the first patent application, it’s not in the claims.