Case Filed: Aug 01, 2014
Origin Case: 3:14-cv-00043
Case Summary:
Charlotte, North Carolina-based
company, Celgard, LLC, a subsidiary of Polypore International, Inc., a filtration
company specializing in microporous membranes filed a complaint in the U.S.
District Court of North Carolina against LG Chem, Ltd. and LG Chem America,
Inc. (LG) in Jan 2014. The suit concerned LG’s infringement on a U.S patent
that in general relates to “separators” used in the construction of high energy
rechargeable lithium-ion batteries. The district court issued sales ban on LG’s
infringing product which LG has appealed.
Patents-in-Suit:
The patent at issue is: US6432586
entitled ‘Separator for a high energy rechargeable lithium battery,’ issued on
Aug 13, 2002 and expiring[i]
by Apr 10, 2020. Celgard is the current assignee[ii]
of the ‘586 patent (source: MaxVal’s Assignment
Database).
As in Complaint:
The complaint alleged that LG has
infringed Celgard's patent by manufacturing, making, using, selling, offering
for sale and/or importing lithium-ion battery separators and batteries that
fall within the scope of the ‘586 patent. According to Celgard, the lawsuit has
been filed following a lengthy period of unsuccessful discussions with LG
regarding various business terms of its relationship with Celgard, including
infringement of the ‘586 patent.
The complaint said that the defendants
have sold and shipped batteries containing infringing battery separators to
consumer electronics, laptop, battery pack and/or electric device manufacturers
and/or distributors in the United States.
LG’s infringement of the ‘586
patent has been willful and deliberate and thus are entitled to increased
damages and attorneys’ fees and costs, according to the complaint.
District Court Order:
LG filed a motion to dismiss for
lack of personal Jurisdiction and motion to transfer venue. Celgard filed a
motion for preliminary injunction and motion for jurisdictional discovery. The
court heard oral arguments on these motions in May 2014.
Having considered the motions,
the court granted plaintiff’s motion for preliminary injunction. It was also
ordered that defendants are preliminarily enjoined from manufacturing and
commercializing any battery, separator, or system that uses or constitutes (i)
LG Chem’s SRS technology, (ii) an infringing ceramic-coated separator, or (iii)
any rechargeable lithium-ion battery, cell, pack, module, or other device,
vehicle, or product that includes an infringing ceramic-coated separator.
Appeal Court:
LG has now
moved for appeal against district court’s order banning LG’s
infringing products.
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[i]
Expected expiration date. Patent Term Estimator
is a free web-based tool that automatically calculates patent terms and
expiration dates for U.S. utility patents.
[ii]
MaxVal offers Patent Assignment Alert service
where subscribers receive email alerts when assignments relating to target
applications, patents or entities of interest are recorded.