In a previous post, I wrote about patent litigation between Canadian utility Hydro-Quebec (H-Q) and Massachusetts based lithium ion battery maker A123 Systems (A123), in which A123 lost its bid to have its declaratory judgment action litigated in its desired forum of Boston.
Filed in federal court in Dallas, Texas, the complaint (HQ-A123-2d-Amended-Complaint) sticks with the same previously disputed family of patents, alleging infringement of three newly-issued patents in that family – U.S. Patents Nos. 7,955,733, 7,960,058 and 7,964,308, entitled “Cathode materials for secondary (rechargeable) lithium batteries” (Cathode Materials Patents).
H-Q asserts that A123 is infringing the Cathode Materials Patents by selling rechargeable lithium metal phosphate batteries for use in Black & Decker’s DeWalt cordless power tools, and Valence and Segway are infringing by selling Segway Personal Transporters that contain lithium metal phosphate batteries and cathode powder made by Valence.
The Cathode Materials Patents relate to host materials for use as electrodes in lithium ion batteries. In particular, the patents are directed to a synthesized cathode material containing a compound with an olivine structure comprising the general formula LiMPO4 where M is iron, manganese, nickel or titanium.
According to the Cathode Materials Patents, these cathode materials provide a larger free volume for lithium ion motion that allows higher conductivity and therefore greater power densities.
H-Q is asking the court for a preliminary and permanent injunction and monetary damages.
Eric Lane is a patent attorney at Luce, Forward, Hamilton & Scripps in San Diego and the author of Green Patent Blog. Mr. Lane can be reached at firstname.lastname@example.org.