The ITC found the accused products directly infringed claims 1-4, 7, 13, and 14 of the ’082 patent and that Umicore contributorily infringed claims 1-4, 8, 9, and 17 of the ’143 patent. Subsequently, on February 29, 2016, the ITC found in favor of BASF for violation of section 337 by Umicore. Makita later settled with BASF and was removed from the ITC investigation. BASF alleged that the cathode material Umicore supplied for the rechargeable batteries in Makita’s power tools infringed the ’082 and ’143 patents. Additionally, the ITC reversed a prior determination that Umicore had not induced infringement and also finds that Umicore lacked a good faith belief of non-infringement.īASF originally filed a complaint with the ITC on Maagainst Umicore and also Makita. International Trade Commission (“ITC”) agrees with BASF and has issued a limited exclusion order ( Exclusion Order) against Umicore for violating section 337 of the Tariff Act of 1930 by unlawfully importing, selling for importation, or selling within the United States after importation certain lithium metal oxide cathode materials covered by U.S. Argonne’s patents describe NMC as a two phase material consisting of distinct crystalline oxides while Umicore’s position is that their NMC is a one-phase solid solution that is covered by 3M’s patents. BASF licensed Argonne’s patents while Umicore licensed 3M’s. While the consensus is that NMC will play a critical role in the growing rechargeable battery cathode market, there is an intense disagreement in both the business and scientific community as to exactly what NMC is and who owns it.īoth the University of Chicago Argonne National Laboratory and 3M own patents covering different NMC materials. Battery experts predict NMC will, in the immediate future, replace the currently commercially used cobalt oxides and nickel-cobalt-aluminum oxides in EV and many other electronic applications. By Todd Ostomel on DecemPosted in ITC Section 337Įlectric vehicles (EV) will soon get a boost in power and energy due to a relatively new cathode material known colloquially as NMC for its nickel-manganese-cobalt oxide chemistry.
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