Pure Grown, IIa, Fenix Challenge Lab-Grown Diamond Patent Claims

Man-made stones

Moderators: PinkDiamond, John

Post Reply
User avatar
PinkDiamond
Posts: 15402
Joined: Thu Jun 04, 2015 9:30 pm
Location: Ozark Mountains

Pure Grown, IIa, Fenix Challenge Lab-Grown Diamond Patent Claims

Post by PinkDiamond »

They're trying to cancel WD Lab and Carnegie Institute's patent, claiming their process is unpatentable, and even claim that since they're produced outside the country, the patent doesn't apply. I don't see how that can fly, but entering a courtroom is like entering Alice in Wonderland territory so there's no telling what might happen. Here's the situation with the claims being made by both sides as it stands now. ;)

Pure Grown, IIa, Fenix Challenge Lab-Grown Diamond Patent Claims
April 15, 2020 by Rob Bates

Image

"Pure Grown Diamonds, IIa Technologies, and Fenix are asking a New York court to dismiss patent claims brought against them by WD Lab Grown Diamonds and the Carnegie Institution of Washington.

In January, WD and Carnegie filed patent-infringement lawsuits against three sets of lab-grown diamond companies: Pure Grown Diamonds and IIa Technologies; Fenix and Mahendra Brothers; and ALTR and R.A. Riam Group.

The suits alleged that that the companies infringed on two Carnegie Institution patents, which M7D has licensed since 2011. The first covers producing diamonds with the CVD (chemical vapor deposition) method using a microwave plasma process; the other covers annealing, the method for improving a diamond’s visual qualities using high-pressure, high-temperature (HPHT) treatment.

The suit against ALTR was dropped in March, though the parties haven’t commented on whether it involved any kind of settlement. In March, Carnegie and WD filed an amended complaint that dropped Mahendra Brothers from their claim.

Pure Grown and IIa’s motion to dismiss, filed March 30, seeks to cancel Carnegie’s patents, since they involve “patent-ineligible subject matter.”

For instance, it notes that scientists have known since the 1950s that the optical properties of a diamond change when subject to high pressure and temperature.

“[Carnegie’s] Patent merely applies that fact to a particular subset of diamonds—those made using chemical vapor deposition,” the filing said. It argued that since “CVD diamonds have the same physical, chemical and optical qualities as diamonds mined from the earth, they exhibit the same natural phenomenon. Accordingly, the claims…are not patentable.”

It also argues that diamonds can be grown with the CVD method “[f]or at least twenty years,” by using microwave plasma CVD and “by using a combination of methane, or another simple hydrocarbon gas, and hydrogen gas at reduced pressures and temperatures of 800–1200° C.”

It also asserts that the suit’s “direct infringement allegations fail to sufficiently identify the accused products and fail to plausibly allege that the accused products are made by the claimed methods.” It notes that since IIa Technologies manufactures its products overseas, the complaint “does not plausibly allege any acts in the United States that would constitute direct infringement by IIa Technologies.”

In its response, filed April 13, Carnegie argued that its patents involves “a non-natural method of making synthetic diamonds by a CVD process” and “a patent directed to man-made inventions—as opposed to a patent directed to the discovery of natural phenomenon—is patent-eligible.”

It also said that Pure Grown and IIa’s motion to dismiss fails to specify that the patented growth methods were “well-understood, routine, and conventional.”

It alleges that since Pure Grown “has imported CVD diamonds made by the patented processes into this country,” it is subject to an infringement claim. “Foreign manufacture does not avoid liability,” it asserts.

Fenix’s motion to dismiss, filed March 30, argues ... "

https://www.jckonline.com/editorial-art ... nt-claims/
PinkDiamond
ISG Registered Gemologist


· ´¨¨)) -:¦:-¸.·´ .·´¨¨))
((¸¸.·´ ..·´ There are miracles left for you to do .... -:¦:- -:¦:-
-:¦:- ((¸¸.·´* It all begins inside of you. ;)
Post Reply