This case was last updated from PACER on 06/07/2021 at 10:24:38 (UTC).

Maxell Holdings, Ltd. v. Amperex Technology Limited

Case Summary

On April 8, 2021, Maxell Holdings, Ltd. (“Maxell” or “Plaintiff”), represented by Eric J. Klein, Erik Shallman, Hilary Lovett Preston and Jeffrey T. Han of Vinson & Elkins LLP, filed an intellectual property lawsuit against Amperex Technology Limited (“ATL” or “Defendant”), seeking injunctive relief and treble damages along with cost and expenses for allegedly infringing the patent of foundational lithium-ion battery owned by Plaintiff. This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding. 

 

The Plaintiff filed this complaint for Defendant’s alleged infringement of Patent Nos. 8,691,446 (“the’446 Patent”) titled “Nonaqueous Secondary Battery And Method Of Using The Same”, 9,350,019 (“the ’019 Patent”) titled “Nonaqueous Secondary Battery And Method Of Using The Same”, 9,077,035 (“the ’035 Patent”) titled “Nonaqueous Secondary Battery And Method Of Using The Same” and 9,166,251 (“the’251 Patent”) titled “Battery Separator And Nonaqueous Electrolyte Battery”, (collectively, the “Asserted Patents”) owned by the Plaintiff.

 

In its complaint, the Plaintiff stated that “Maxell brings this patent infringement action against ATL reluctantly, after having attempted in good faith over an extensive period of time to address ATL’s infringement of many of Maxell’s foundational lithium-ion battery (“LIB”) patents and to license those same patents to ATL. Despite Maxell’s best efforts, ATL refused to seriously engage in licensing discussions, leaving Maxell no choice but to proceed with this litigation.”

 

The Plaintiff alleged that “the claims of the Asserted Patents cover ATL’s LIBs, their components, and processes related to the same (referred to herein as the “Accused Products” or “Infringing LIBs”). The Infringing LIBs are incorporated and utilized in various consumer devices, including smartphones, tablets and notebooks OEMs, drones, robots and power tools specialists, VR/AR vanguards and various wearable and smart home technology trailblazers. ATL’s customer Google designs, manufactures, and sells the Google Pixel 3a smartphone. Upon information and belief, Google distributes its products, including the Google Pixel 3a, across the U.S., including in Texas and this judicial district by direct sales as well as through its retail partners.”

 

The Plaintiff further alleged that ATL’s other customers Dell d/b/a Alienware designs, DJI designs and Huawei designs manufacture, sell and distribute their products, that incorporate and utilise the infringing LIBs, across the U.S., including in Texas and this judicial district by direct sales as well as through its retail partners.

 

 

There are four claims for relief laid down by the Plaintiff, including the alleged infringement of each of the Asserted Patents wherein the Plaintiff claimed that the Defendant has infringed one or more claims of each of the Asserted Patents under 35 U.S.C. § 271(a) by making, using, selling, offering for sale in the United States, and/or importing into the United States, without permission, consent, authority or license.

 

In its prayer for relief, the Plaintiff has requested the court to declare that each of the Asserted Patents are valid and enforceable, and that the Defendant has wilfully infringed, directly and/or indirectly, one or more claims of each of the Asserted Patents. The Plaintiff further requested the court to grant permanent injunction along with treble damages, costs, expenses, and pre-judgment and post-judgment interest pursuant to 35 U.S.C. § 284, and reasonable attorneys’ fees pursuant to 35 U.S.C. § 285.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00347

  • Filing Date:

    04/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Maxell Holdings, Ltd.

Defendant

Amperex Technology Limited

Attorney/Law Firm Details

Plaintiff Attorneys

Eric J. Klein

Attorney at VINSON & ELKINS LLP

2001 Ross Avenue, Suite 3700

Dallas, TX 75201-2975

Erik Shallman

Attorney at Vinson & Elkins LLP

2801 Via Fortuna, Suite 100

Austin, TX 78746

Hilary Lovett Preston

Attorney at Vinson & Elkins LLP

2801 Via Fortuna - Suite 100

Austin, TX 78746-7568

Jeffrey T. Han

Attorney at Vinson & Elkins LLP

2801 Via Fortuna, Suite 100

Austin, TX 78746

Defendant Attorneys

Erik Michael Weber

Attorney at Greenberg Traurig, LLP

300 West 6Th Street, Suite 2050

Austin, TX 78701

Craig A. Duewall

Attorney at Greenberg Traurig, LLP

300 West 6Th Street, Suite 2050

Austin, TX 78701

 

Court Documents

7 #1

Proposed Order

#7

(#7) Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Amperex Technology Limited. (Attachments: #1 Proposed Order)(Weber, Erik) (Entered: 05/14/2021)

#6

(#6) SUMMONS Returned Executed by Maxell Holdings, Ltd.. Amperex Technology Limited served on 4/27/2021, answer due 5/18/2021. (Preston, Hilary) (Entered: 05/06/2021)

#5

(#5) Summons Issued as to Amperex Technology Limited. (lad) (Entered: 04/09/2021)

#4

(#4) REQUEST FOR ISSUANCE OF SUMMONS by Maxell Holdings, Ltd.. (Preston, Hilary) (Entered: 04/09/2021)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Preston, Hilary) (Entered: 04/08/2021)

#2

(#2) RULE 7 DISCLOSURE STATEMENT filed by Maxell Holdings, Ltd.. (Preston, Hilary) (Entered: 04/08/2021)

1 #5

Civil Cover Sheet

1 #4

Exhibit 4 - US9166251

1 #3

Exhibit 3 - US9077035

1 #2

Exhibit 2 - US9350019

1 #1

Exhibit 1 - US8691446

#1

(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14676812). No Summons requested at this time, filed by Maxell Holdings, Ltd.. (Attachments: #1 Exhibit 1 - US8691446, #2 Exhibit 2 - US9350019, #3 Exhibit 3 - US9077035, #4 Exhibit 4 - US9166251, #5 Civil Cover Sheet)(Preston, Hilary) (Entered: 04/08/2021)

3 More Documents Available
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Docket Entries

  • 05/26/2021
  • DocketReset Deadlines: Amperex Technology Limited answer due 6/17/2021. (lad) (Entered: 05/26/2021)

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  • 05/26/2021
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  • DocketText Order GRANTING #7 Motion for Extension of Time to File Response/Reply entered by Judge Alan D Albright. IT IS THEREFORE ORDERED that Defendant shall have until June 17, 2021, to answer, move or otherwise plead in response to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 05/26/2021)

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  • 05/14/2021
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  • Docket(#7) Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Amperex Technology Limited. (Attachments: #1 Proposed Order)(Weber, Erik) (Entered: 05/14/2021)

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  • 05/06/2021
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  • Docket(#6) SUMMONS Returned Executed by Maxell Holdings, Ltd.. Amperex Technology Limited served on 4/27/2021, answer due 5/18/2021. (Preston, Hilary) (Entered: 05/06/2021)

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  • 04/09/2021
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  • Docket(#5) Summons Issued as to Amperex Technology Limited. (lad) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by Maxell Holdings, Ltd.. (Preston, Hilary) (Entered: 04/09/2021)

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  • 04/08/2021
  • DocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) (Entered: 04/08/2021)

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  • 04/08/2021
  • DocketAll parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Preston, Hilary) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#2) RULE 7 DISCLOSURE STATEMENT filed by Maxell Holdings, Ltd.. (Preston, Hilary) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14676812). No Summons requested at this time, filed by Maxell Holdings, Ltd.. (Attachments: #1 Exhibit 1 - US8691446, #2 Exhibit 2 - US9350019, #3 Exhibit 3 - US9077035, #4 Exhibit 4 - US9166251, #5 Civil Cover Sheet)(Preston, Hilary) (Entered: 04/08/2021)

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