Patent Law

The plaintiffs, The Board of Regents of the University of Texas System and Hydro-Québec filed their Second Amended Complaint and Jury Demand against defendants, ?123 Systems, Inc. (??123?) and Black & Decker Corporation on May 19, 2010.  The Complaint states, in part:

Plaintiffs? economic interests in the commercialization of the patented technology are threatened by the willful conduct of Defendants, who are making and selling the infringing batteries and cathode materials in this District and throughout the United States. By this action, Plaintiffs seek to enjoin Defendants from engaging in further acts of infringement, as well as monetary relief for Defendants? past wrongful acts.

In 1994, Dr. Goodenough directed two researchers to explore various reduction-oxidation couples with polyanions for use in rechargeable batteries. It was this research which led to the invention of the lithium metal phosphate battery technology that is the subject of the present dispute.

Founded in 2001 by MIT Professor Yet-Ming Chiang and others, ?123 purports to be ? ?developer of ? new generation of lithium-ion batteries.? In truth, ?123 is a willful infringer of Plaintiffs? patent rights. Whatever commercial notoriety ?123 has enjoyed to date is due to the technology claimed in the R382 and R640 Patents.

Plaintiffs are seeking permanent injunctive relief, actual damages, increased damages based on willfulness, attorneys' fees, prejudgment/post-judgment interest at the highest rate(s) allowed by law and court costs.

I found this news item of particular interest after just installing a new lithium ion battery in my laptop!  See the full Complaint here (Download 117) and the Claim Construction Scheduling Order here (Download 118).  Thanks to the reader that passed this along.