BASF Brings Battery Battle to the Border

April 14th, 2015 by Eric Lane Leave a reply »

A previous post reported that chemical giant BASF and UChicago Argonne LLC (Argonne) sued Belgium-based Umicore and Japan-based Makita Corporation for infringement of two patents relating to cathode materials for lithium-ion batteries.  That lawsuit was filed February 20, 2015 in the U.S. District Court for the District of Delaware.

The same day BASF and Argonne filed a complaint in the U.S. International Trade Commisson (ITC) asking the ITC to investigate whether Umicore, Makita and their U.S. subsidiaries have imported and sold in the United States lithium ion cathode materials and batteries that infringe the same patents.

The ITC is a federal agency that investigates trade and importation issues, including conducting quasi-judicial proceedings involving alleged infringement of intellectual property rights by importation of accused products pursuant to 19 U.S.C. § 1337.  It is a popular forum for patentees (though only injunctive relief is available, not monetary damages) because the proceedings progress much faster than those in the federal courts.

The patents-in-suit are U.S. Patent Nos. 6,677,082 (’082 Patent) and 6,680,143 (’143 Patent), both entitled “Lithium metal oxide electrodes for lithium cells and batteries” and directed to a lithium metal oxide positive electrode for a non-aqueous lithium cell.

The cell is prepared in its initial discharged state and has a general formula xLiMO2.(1−x)Li2M′Oin which 0<x<1, and where M is one or more ion with an average trivalent oxidation state and with at least one ion being Mn or Ni, and where M′ is one or more ion with an average tetravalent oxidation state.

According to the ITC complaint, Argonne is the owner of the ‘082 and ‘143 patents and BASF produces lithium ion cathode materials under an exclusive license to the patents.

Recently, the ITC issued a Notice announcing that it would investigate BASF’s and Argonne’s claims of infringement.

BASF and Argonne have requested a limited exclusion order that would prevent Umicore and Makita from importing Umicore’s cathode materials, allegedly marketed and sold under the Cellcore product group, and certain Makita power tools using lithium ion batteries.

Although Umicore and Makita are now squeezed in both the ITC and federal court, they may ask the court to stay the parallel court action in view of the ITC investigation.

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