On March 24, 2015, the U.S. International Trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing Same, and Power Tool Products with Lithium-Ion Batteries Containing Same(Inv. No. 337-TA-951).
The investigation is based on a February 20, 2015 complaint filed by BASF Corp. of Florham Park, New Jersey and UChicago Argonne LLC of Lemont, Illinois alleging violation of Section 337 in the importation into the U.S. and sale of certain lithium metal oxide cathode materials, lithium-ion batteries containing same, and products with lithium-ion batteries containing same that infringe one or more claims of U.S. Patent Nos. 6,677,082 and 6,680,143. See our February 23, 2015 post for more details on the complaint.
According to the Notice of Investigation, the Commission has identified the following as proposed respondents: Umicore N.V. of Belgium, Umicore USA Inc. of Raleigh, North Carolina, Makita Corp. of Japan, Makita Corp. of America of Buford, Georgia, and Makita U.S.A. Inc. of La Mirada, California.
Lastly, Chief ALJ Bullock issued a notice indicating that Thomas B. Pender will be the presiding Administrative Law Judge in this matter.