DCT
1:22-cv-01112
Sade v. SP Sandhills Solar LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Rovshan Sade (North Carolina)
- Defendant: SP Sandhills Solar LLC (Delaware)
- Plaintiff’s Counsel: Pro Se
- Case Identification: 1:22-cv-01112, M.D.N.C., 12/20/2022
- Venue Allegations: Venue is alleged to be proper because Defendant has a regular and established place of business in the judicial district and has committed the alleged acts of infringement in North Carolina.
- Core Dispute: Plaintiff alleges that solar trackers used in Defendant's solar power generation facility infringe two patents related to the mechanical design of free-standing, single-axis solar trackers.
- Technical Context: The technology concerns single-axis solar trackers, which rotate photovoltaic panels to follow the sun's path, aiming to increase energy output compared to fixed-mount systems.
- Key Procedural History: The complaint alleges that Plaintiff notified Defendant of the patents-in-suit and the alleged infringement via letters sent on August 19, 2022, approximately four months prior to filing the lawsuit.
Case Timeline
| Date | Event |
|---|---|
| 2010-07-06 | Earliest Priority Date for '546 and '17546 Patents |
| 2015-06-16 | U.S. Patent 9,057,546 Issued |
| 2018-03-13 | U.S. Patent 9,917,546 Issued |
| 2022-08-19 | Plaintiff allegedly sent pre-suit notice letters to Defendant |
| 2022-12-20 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent 9,057,546 - "Solar Tracker," issued June 16, 2015
The Invention Explained
- Problem Addressed: The patent identifies several impediments to the widespread adoption of conventional solar systems, including high cost, the need for large, open spaces for installation, and potentially unappealing aesthetics when mounted on buildings (’546 Patent, col. 1:22-38).
- The Patented Solution: The invention proposes a "free-standing solar tracker" that does not require a permanent foundation. A key feature is a base designed to be filled with ballast material (e.g., sand or gravel) to hold it in place, which also serves as a "suitcase" to contain the tracker’s disassembled components for transport (’546 Patent, Abstract; col. 2:7-17). This design aims to make the tracker portable, relatively inexpensive, and deployable in various locations without permanent construction.
- Technical Importance: The technology seeks to make solar tracking systems, which enhance energy capture, more accessible for applications where permanent foundations are impractical or undesirable (’546 Patent, col. 1:44-51).
Key Claims at a Glance
- The complaint asserts independent claim 5 (’546 Patent, col. 6:40-57; Compl. ¶39).
- The essential elements of independent claim 5 are:
- a support frame;
- a panel assembly rotatably mounted to the support frame for supporting one or more solar panels, said panel assembly comprising a central spine and a plurality of panel carriers extending outwardly from said spine;
- a mounting assembly for rotatably mounting the panel assembly to the support frame, the mounting assembly comprising a mounting member rotatably connected to the support frame and a slot in said mounting member configured to receive the spine of the panel assembly; and
- an actuator assembly for rotating the panel assembly to track the movement of the sun.
- The complaint reserves the right to assert other claims (’546 Patent, Compl. ¶38).
U.S. Patent 9,917,546 - "Solar Tracker," issued March 13, 2018
The Invention Explained
- Problem Addressed: As a continuation of the application leading to the ’546 Patent, this patent addresses the same problems of cost, space, and aesthetics associated with conventional solar panel installations (’17546 Patent, col. 1:11-44).
- The Patented Solution: The patent describes a support structure for a solar tracker with a similar mechanical arrangement as the ’546 patent, focusing on a rotatable panel assembly mounted to a support frame (’17546 Patent, Abstract). The core concept remains a deployable, non-permanent solar tracker system, with claims directed to the specific structural arrangement of its components (’17546 Patent, col. 3:55-65).
- Technical Importance: The invention continues the theme of providing a modular and flexible solar tracking system to increase energy output without the burdens of traditional, fixed installations (’17546 Patent, col. 2:1-4).
Key Claims at a Glance
- The complaint asserts independent claim 1 (’17546 Patent, col. 6:1-24; Compl. ¶58).
- The essential elements of independent claim 1 are:
- a support frame;
- a panel assembly rotatably mounted to said support frame and configured to support one or more solar panels, said panel assembly including a central spine rotatably mounted to the support frame and a plurality of panel carriers fixed relative to the central spine and extending outwardly from both sides of said central spine for supporting said solar panels;
- an actuator assembly for rotating the panel assembly to track the movement of the sun;
- a mounting assembly for rotatably mounting the panel assembly to the support frame, said mounting assembly comprising: a mounting member configured to be rotatably connected to said support frame; and an open-ended slot in said mounting member configured to receive the central spine of the panel assembly.
- The complaint reserves the right to assert other claims (’17546 Patent, Compl. ¶57).
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are "solar trackers" used by Defendant at its solar energy facility or power plant (Compl. ¶23, ¶37). The complaint does not identify a specific manufacturer or model name for the trackers.
Functionality and Market Context
- The complaint alleges that Defendant owns and operates a power plant that uses the accused solar trackers to generate electricity (Compl. ¶23). These trackers are alleged to rotate solar panels to follow the sun's movement to maximize energy production (Compl. ¶41, ¶59). The complaint provides an image of the accused trackers in a field, showing large rows of panels mounted on support structures (Compl. p. 7). Defendant is alleged to use these trackers to provide solar energy to customers, including private and public utilities (Compl. ¶26).
IV. Analysis of Infringement Allegations
U.S. Patent 9,057,546 Infringement Allegations
| Claim Element (from Independent Claim 5) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a support frame | The accused trackers include a plurality of support posts that form a support frame. An annotated photo identifies these posts (Compl. p. 8). | ¶42 | col. 2:58-60 |
| a panel assembly rotatably mounted to the support frame for supporting one or more solar panels, said panel assembly comprising a central spine and a plurality of panel carriers extending outwardly from said spine | The accused trackers have a torque tube beam extending along the center, which is alleged to be a "central spine," and transversely arranged elongated "panel carriers" to which panels are mounted (Compl. p. 8). | ¶43 | col. 3:23-44 |
| a mounting assembly for rotatably mounting the panel assembly to the support frame, the mounting assembly comprising a mounting member rotatably connected to the support frame and a slot in said mounting member configured to receive the spine of the panel assembly | The accused trackers use a bearing assembly that mounts on top of the support posts. The complaint alleges an "inner bearing race" is the "mounting member" and that it includes an "open beam slot" that receives the torque tube. | ¶44 | col. 4:1-10 |
| an actuator assembly for rotating the panel assembly to track the movement of the sun | The accused trackers include an electromechanical actuator for rotating the panel assembly. A photo identifies this component (Compl. p. 9). | ¶45 | col. 4:18-24 |
U.S. Patent 9,917,546 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a support frame | The accused trackers use a plurality of support posts that form a support frame (Compl. p. 13). | ¶60 | col. 2:65 |
| a panel assembly rotatably mounted to said support frame and configured to support one or more solar panels, said panel assembly including a central spine rotatably mounted to the support frame and a plurality of panel carriers fixed relative to the central spine and extending outwardly from both sides of said central spine for supporting said solar panels | The accused trackers include a frame with a "torque tube beam" alleged to be a "central spine," and transversely arranged "panel carriers" to which panels are clipped (Compl. p. 13). | ¶61 | col. 3:34-46 |
| an actuator assembly for rotating the panel assembly to track the movement of the sun | The complaint alleges the accused trackers include an electromechanical actuator for rotating the panel assembly, supported by a photo (Compl. p. 14). | ¶62 | col. 4:29-31 |
| a mounting assembly for rotatably mounting the panel assembly to the support frame, said mounting assembly comprising: a mounting member configured to be rotatably connected to said support frame; and an open-ended slot in said mounting member configured to receive the central spine of the panel assembly | The complaint alleges the accused tracker's bearing assembly is a "mounting assembly" and its "inner bearing race" is a "mounting member." It further alleges this race includes an "open beam slot" in which the torque tube is seated, providing a photo (Compl. p. 15). | ¶63 | col. 4:62-65 |
Identified Points of Contention
- Scope Questions: A central issue will be the interpretation of "mounting member" and "slot" as used in the claims. The complaint equates the accused tracker’s "inner bearing race" with the claimed "mounting member". The defense may argue that a bearing race is a structurally distinct component from the "mounting fork" (e.g., ’546 Patent, col. 4:2) and L-shaped brackets (’546 Patent, col. 3:51) disclosed as exemplary embodiments in the specification, raising the question of whether the claim term can be construed to read on the accused structure.
- Technical Questions: The infringement theory depends on whether the accused tracker’s "bearing assembly" and "inner bearing race" function as the claimed "mounting assembly" and "mounting member". Evidence will be required to show that the accused "open beam slot" (Compl. ¶44) is structurally and functionally equivalent to the "open-ended slot" or "slot" required by the claims, particularly as depicted in patent figures like FIG. 7 of both patents.
V. Key Claim Terms for Construction
The complaint does not provide sufficient detail for a full analysis of potential claim construction disputes, but the infringement allegations point to the following terms as central to the case.
- The Term: "mounting member" (Asserted in Claim 5 of the ’546 Patent and Claim 1 of the ’17546 Patent)
- Context and Importance: The complaint’s infringement theory rests on the allegation that the "inner bearing race" of the accused tracker is a "mounting member" (Compl. ¶44, ¶63). The viability of the direct infringement claim will depend heavily on whether this term is construed broadly enough to cover the accused bearing race structure, which differs from the specific "mounting fork" embodiment shown in the patents' figures.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The term "mounting member" is generic. The specification describes it as part of a "mounting assembly" for rotatably mounting the panel assembly (’546 Patent, col. 6:49-51). Plaintiff may argue that because the specification does not explicitly limit the term to the disclosed embodiments, it should be given its plain and ordinary meaning, which could encompass any component that performs the specified mounting function.
- Evidence for a Narrower Interpretation: The patents consistently depict the mounting structure as a "mounting fork 94" or "mounting brackets 84" (’546 Patent, FIGs. 5-7). A defendant may argue that these specific disclosures define the true scope of the invention and that the claims should be limited to such bracket- or fork-like structures, rather than the distinct mechanical structure of a rotating bearing race.
VI. Other Allegations
- Indirect Infringement: The complaint makes conclusory allegations of induced infringement, stating Defendant actively induces its customers to use the infringing solar trackers (Compl. ¶47, ¶65). It also alleges contributory infringement (Compl. ¶30). The complaint does not, however, plead specific facts detailing the acts of inducement, such as providing instruction manuals or technical specifications that direct infringing use.
- Willful Infringement: The complaint alleges that Defendant’s infringement has been willful since at least August 19, 2022, the date Plaintiff allegedly sent notice letters identifying the patents-in-suit and the infringing products (Compl. ¶49, ¶67). This allegation of pre-suit knowledge forms the primary basis for the willfulness claim.
VII. Analyst’s Conclusion: Key Questions for the Case
The resolution of this dispute will likely depend on the court’s determination of the following key questions:
- A core issue will be one of definitional scope: can the term "mounting member" as described and claimed in the patents, which disclose fork and bracket embodiments, be construed to cover the "inner bearing race" of the accused solar trackers? This claim construction dispute appears central to the infringement analysis.
- A key evidentiary question will be one of structural correspondence: does the accused tracker’s bearing assembly, with its alleged "open beam slot", possess the specific structural and functional characteristics of the claimed "mounting assembly" with its "slot", or is there a fundamental mismatch in their mechanical design and operation?