'NonPracticing Entity' Sues GE, Cree Over A19 Bulb

Guest Column by Seth Coburn, Attorney for Verrill Dana, LLP.
On December 4, Bluestone Innovations, LLC, a so-called non-practicing entity, filed complaints against General Electric Co. and Cree, Inc. in the Northern District of California alleging infringement of U.S. Patent 6,163,557 (the “‘557 patent”).  The ‘557 patent is an old patent (issued in 2000) that is set to expire next year.  The ‘557 patent is directed to chip-level LED technology.  Specifically, it claims a particular orientation and structure of the substrate on which the epitaxial film is grown during the LED manufacturing process.  Bluestone is accusing the chips in certain GE and Cree A19 LED bulbs of infringing the ‘577 patent.
Bluestone’s decision to sue Cree is a curious one.  Cree was an earlier innovator in the LED chip/semiconductor space.  Cree’s own patent portfolio includes a number of early, seminal, patents on similar LED chip technology.  One or more of Cree’s patent could well constitute “prior art” capable of invalidating the asserted patents.  If anyone can find old prior art on this technology, it would be Cree.  Of course Cree likely cannot assert any of its own patents against Bluestone – since Bluestone does not make or sell anything itself.  It could be interesting to see how this case proceeds.
About Seth Coburn.
Seth Coburn is an attorney with Verrill Dana, LLP.  Verrill Dana is a 140-lawyer firm with a patent litigation practice focused on the lighting industry.  Verrill Dana’s litigation team has litigated patent disputes in courts across the country as well as in front of the United States Patent and Trademark Office.  In addition to litigation, Verrill Dana’s IP team is experienced in patent prosecution, post-grant proceedings, IP due diligence, and licensing.