November 9, 2018, Boulder, CO - Last Friday Live Power initiated the process of challenging two of Genscape’s patents with the U.S. Patent and Trademark Office (“USPTO”). Live Power commenced proceedings asking the Patent Trial and Appeal Board to re-examine Genscape’s patents in view of three earlier patents which show that the novelties claimed by Genscape’s patents, including the use and positioning of monitors to process electric and magnetic fields from overhead transmission lines to generate magnitude and relative phase, were well known and obvious at the time Genscape filed its patent applications.
Last year, Genscape filed a lawsuit against Live Power alleging patent infringement. Live Power’s petitions before the USPTO seek to invalidate those same patents. “Given the aggressive, and we believe unfounded, legal action by Genscape, the petitions were appropriate to protect our business,” said Live Power CEO, Bill Townsend.
Live Power’s sister company Ably AS has provided power grid monitoring data to Nord Pool market participants since 2008 under its own family of patents in Europe. Now, due to the success of Live Power in the U.S., Genscape has turned to a pattern of unsupported litigation in an effort to thwart competition.
After 10 months of litigation, and upon being confronted with Live Power's statements of why there is no patent infringement, Genscape dropped the lawsuit and dismissed its claims instead of actually trying to prove them. Two months later, Genscape filed a second lawsuit against Live Power and its CEO alleging trade secret theft, breach of confidentiality and other similar counts. Live Power and Townsend refute the claims in Genscape’s second lawsuit as baseless and point out that Genscape’s new complaint, like its first complaint, is filled with errors and misrepresentations.
Live Power will continue to build out its next generation power grid monitoring network despite Genscape’s legal tactics. At present, Live Power is providing data streams updated every 60 seconds on over 170 GW of generation capacity in PJM and ERCOT and hundreds of individual transmission lines. “We are focused on building a better product and gaining market share by providing better, faster data on power markets.” said Townsend.