Environment Forum

Could patents bring solar power companies more revenue?

The high tech industry regularly sees lawsuits fly over intellectual property rights.

Time will tell if clean technology will see a similar play, but a settlement this week between California-based solar power company SunPower Corp and SunLink Corp may shed light on things to come.

In February 2008, SunPower sued SunLink, saying SunLink had violated patents protecting several of SunPower’s rooftop systems. Under the settlement, SunPower licensed its patents to SunLink but did not disclose the financial details.

Some believe that solar power companies who successfully defend their intellectual property could win additional revenue streams. That could benefit SunPower and innovative companies both with upstream and downstream technologies, Deutsche Bank analyst Steve O’Rourke wrote in a note.

We were wondering what role readers think IP and patent lawsuits will play as the solar industry continues to develop. Do you think they will help bigger companies defend their market share? Or could a litigious environment stifle newcomers to the industry?

from Entrepreneurial:

What the Tesla founders’ feud can teach entrepreneurs

Tesla Motors Inc. CEO Elon Musk

High-powered electric-car startup Tesla Motors has hit a speed bump with the filing of a lawsuit by former CEO and founder Martin Eberhard.

The libel suit, filed on May 26 in San Mateo County, Calif. Superior Court, alleges current CEO Elon Musk falsely portrayed himself as the founder of the company and orchestrated Eberhard's ouster as original CEO in 2007. In the lengthy 22-page document, Eberhard accuses Musk and Tesla of, among other things, libel, slander, breach of contract, negligence and failure to pay wages. The suit doesn't even refer to Musk as a co-founder, but simply as one of "various investors," who joined the Tesla board in April 2004.

Eberhard's suit claims that from the moment he came on board, Musk "began a campaign to appropriate control of Tesla Motors and Eberhard's legacy as the company's founder and visionary." The suit further alleges that Musk "began a pattern and practice of defaming and disparaging Eberhard in various widely distributed media outlets," a few of which included The New York Times, Newsweek, USA Today and NPR.

Musk has responded to the accusations in a lengthy blog posting on Tesla's corporate website. According to Musk, the posting is an attempt to "correct several misconceptions propagated by Eberhard that are now being reported as truth."

Drivers say Honda hybrid doesn’t go that extra mile-court

Green car owners have apparently complained in such large numbers that the Honda Civic Hybrid isn’t living up to high mileage claims that the carmaker has approached U.S. government regulators about revising its mileage guidelines, according to a lawsuit by one Honda hybrid owner.

A California appellate opinion filed on Monday showed that a Honda customer service representative told Gaetano Paduano, the dissatisfied owner of a 2004 Honda hybrid, that the company had received “a high number of complaints” that the sedan achieves significantly less than its promised mileage of 47-plus miles per gallon.

The rep also told Paduano that the company and rival Toyota have approached the U.S. EPA to change the mileage rating on their hybrid cars, the opinion said.

Another Honda rep told Paduano that he probably couldn’t achieve the advertised mileage by driving the vehicle like a conventional car, despite claims to the contrary in a Honda brochure advertising the vehicle, the opinion said. 

A Honda spokesman would not comment on the pending litigation. 

Paduano’s lawsuit, filed in 2005, follows at least one other legal action over low mileage complaints for the Honda Civic Hybrid, the other filed in U.S. District Court and decided last year.

The San Diego based appeals court ruled that Paduano can go ahead with his false advertising lawsuit against Honda in a California state court.