On February 29, 2016, ALJ Thomas B. Pender issued a notice of the Initial Determination on Violation of Section 337 (“ID”) in 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).
By way of background, this investigation is based on a February 20, 2015 complaint filed by BASF Corp. and UChicago Argonne LLC alleging violation of Section 337 in the importation into the U.S., sale for importation, and/or sale within the U.S. after importation 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 and April 1, 2015 posts for more details on the complaint and notice of investigation, respectively.
In the February 29, 2016 notice, ALJ Pender determined, inter alia, that:
it is my Initial Determination that there is a violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in,the importation into the United States, the sale for importation, or the sale within the United States after importation 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, in connection with the asserted claims of U.S. Patent Nos. 6,677,082 and 6,680,143.
ALJ Pender's notice only released limited information. We will provide additional information after the public version of the ID is issued.