Discussion of LiFePO4 Legal Claims

[safe]

Discussion of LiFePO4 Legal Claims

http://www.phostechlithium.com/technology/patents.asp

Patents

Phostech Lithium Inc has negotiated exclusive rights with University of Texas/Hydro-Québec for the manufacturing rights of LiFePO4 for Lithium-Ion battery applications, as per patents 1 to 3 described below. In addition, Phostech Lithium has negotiated through Université de Montréal the access to four improvement patents resulting from UDM's research for Hydro-Québec, including C additive to LiFePO4 and a new synthesis way from a Fe+3 precursor (Patents 4 to 7).

Patent #1: US Patent 5,910,382 (Goodenough et al.)
Title: Cathode Materials for Secondary (Rechargeable) Lithium Batteries. Content: The invention relates to materials for use as electrodes in an alkali-ion secondary (rechargeable) battery, particularly a lithium-ion battery. The invention provides transition-metal compounds having the ordered-olivine or the rhombohedral NASICON structure and the polyanion (PO4)3- as at least one constituent for use as electrode material for alkali-ion rechargeable batteries.

Patent #2: US Patent 6,391,493 (Goodenough et al.)
Title: Cathode Materials for Secondary (Rechargeable) Lithium Batteries. Content: The invention relates to materials for use as electrodes in an alkali-ion secondary (rechargeable) battery, particularly a lithium-ion battery. The invention provides transition-metal compounds having the rhombohedral NASICON structure and the polyanion (PO4)3- as at least one constituent for use as electrode material for alkali-ion rechargeable batteries. Note: Continuation-in-part of patent 5,910,382, Division of patent 5,910,382

Patent #3: US Patent 6,514,640 (Armand, Goodenough et al.)
Title: Cathode Materials for Secondary (Rechargeable) Lithium Batteries. Content: The invention relates to materials for use as electrodes in an alkali-ion secondary (rechargeable) battery, particularly a lithium-ion battery. The invention provides transition-metal compounds, with different additives and elements of substitution, having the ordered-olivine or the rhombohedral NASICON structure and the polyanion (PO4)3- as at least one constituent for use as electrode material for alkali-ion rechargeable batteries. Note: Continuation-in-part of patent 5,910,382

Patent #4: CA Patent 2,307,119
Title: New electrode materials with high surface conductivity. Content: The invention concerns electrode materials capable of redox reactions by electrons and alkaline ions exchange with an electrolyte. The applications are in the field of primary (batteries) or secondary electrochemical generators, super capacitors and light modulating system of the super capacitor type. Note: First Patent on Carbon-additives to LiMPO4 compounds.82

Patent #5: Application WO02/27824 (In French)
Unofficial Title: Synthesis method for materials based on LixM1-yM'y(XO4)n. Content: The invention concerns a synthesis method for a material consisting of particles comprising a core and a coating and/or being interconnected by a carbon cross-linkage, the core of said particles including at least a compound of formula LixM1-yM'y(XO4)n wherein: x, y and n are numbers such that 0= x =2, 0 = y =0.6 and 1 = n =1.5; M is a transition metal; M' is a element of fixed valency, and the synthesis being performed by reacting and balancing the mixture of precursors, with a reducing gas atmosphere, so as to bring the transition metal(s) to the desired degree of valency, the synthesis being carried out in the presence of a carbon source called conductive carbon which is pyrolyzed. The resulting materials exhibit excellent electrical conductivity and a highly enhanced chemical activity. M' can be selected among Mg2+, Ca2+ Al3+, Zn2+ or a combination of those elements, X is selected among S, P, and Si. Said material can be used as active electrode material in batteries. Note : Patent under examination.

Patent #6: Application WO02/27823 (In French)
Unofficial Title : Method for synthesis of carbon-coated redox materials with controlled size. Content: The invention concerns a method for the synthesis of compounds of formula C-LixM1-y(XO4)n wherein: x, y and n represent numbers such that 0 = x 2, 0 = m = 0.6 and 1 = n = 1.5; M is a transition metal or a mixture of transition metals of the first line of the periodic table; M' is an element with fixed valency selected among Mg2+, Ca2+, Al3+,Zn2+, or a combination of said elements; and X is selected among S, P and Si, by balancing in appropriate proportions a mixture or precursors, the synthesis being performed by reacting and balancing a mixture of precursors in the appropriate proportions of precursors, with a gaseous atmosphere, the method comprising at least a step of pyrolyzing a carbon-producing compound so as to obtain a compound whereof the electronic conductivity, measured on a sample of compacted powder, at a pressure of 3750 Kg.cm-2, is higher than 10-8 S.cm-1. The resulting materials are thus formed by the particles of the compound coated with a conductive carbon layer. Note : Patent under examination.

Patent #7: US Patent 6,085,015
Title: Lithium insertion electrode materials based on orthosilicate derivatives. Content: An orthosilicate whose structure is based on SiO.sub.4.sup.4 tetranions which contains at least one transition element with at least two valence states. Lithium ingresses or egresses into or from the structure in order to compensate for a change in valency of the redox couple during electrode operation and thereby maintain overall electroneutrality.

Are the lawyers about to end this LiFePO4 "Gold Rush" before it even starts?

Is it even possible when China is a nation that does whatever it wants?

 

[TylerDurden]

this is straight out of Valences's 10Q...

On January 31, 2007, Valence filed a lawsuit against Phostech Lithium Inc. in the Federal Court in Canada (Valence Technology, Inc. v. Phostech Lithium Inc. Court File No. T-219-07) alleging infringement of Valence Canadian Patent 2,395,115. Subsequently, on April 2, 2007, Valence filed an amended claim alleging infringement of its recently granted Canadian Patents 2,483,918 and 2,466,366. The action is in the initial pleading state. The Company is seeking monetary damages and injunctive relief for the acts of Phostech in manufacturing, using and selling phosphate cathode material that infringes the asserted Valence Canadian Patents.

On February 14, 2006, Hydro-Quebec filed a lawsuit against us in the United States District Court for the Western District of Texas (Hydro-Quebec v. Valence Technology, Civil Action No. A06CA111). In its amended complaint filed April 13, 2006, Hydro-Quebec alleges that Saphion ® Technology, the technology utilized in all of our commercial products, infringes U.S. Patent No. 5,910,382 and 6,514,640 exclusively licensed to Hydro-Quebec. Hydro-Quebec’s complaint seeks injunctive relief and monetary damages. The action is in the initial pleading state and we have filed a response denying the allegations in the amended complaint. The action has been stayed by the Court until a final determination by the USPTO in either of the reexaminations of the two University of Texas patents asserted in the case. The USPTO has stated in declaring the two reexaminations that there are serious questions as to the patentability of the two patents.

We are subject to, from time to time, various claims and litigation in the normal course of business. In our opinion, all pending legal matters are either covered by insurance or, if not insured, will not have a material adverse impact on our consolidated financial statements.

 

[safe]

From the consumer standpoint a monopoly is very bad for competition and low prices. So from our perspective we want the lawyers to try to get exclusive ownership and fail. However, if you are on the side of one of the companies with a claim you want to get the win in court and force others to have to pay a fee to use your claim. It will be settled one way or another and the way it is settled will likely shape the future of LiFePO4.

I know that in the computer world that Microsoft learned early on to build a big war chest for the purpose of funding a team of lawyers. They attacked with lawsuits and as a result effectively forced their product to dominate. (but recently they've been losing)

The winners of these lawsuits will be the winners of LiFePO4.

My hope is that a judge declares LiFePO4 to be "open" so that anyone can do whatever they want with it. (in practice this means no decision is made) Another issue is that since Patent Laws tend to apply in the country they are issued they are not always respected in other countries. So China might decide to compete (and steal) with the LiFePO4 process and they will not get caught. Any American competitor that tries to compete gets squashed by the courts. Hopefully the courts would recognize this and not enforce the patents simply because it's effects will only hurt American competitors. (the whole idea of patent law starts to fall apart when foreign countries are involved)

 

[TylerDurden]

Canadian Patents Database: http://patents.ic.gc.ca/cipo/cpd/en/patent/2395115/summary.html


PREPARATION OF LITHIUM-CONTAINING MATERIALS
PRODUCTION DE MATERIAUX CONTENANT DU LITHIUM

ABSTRACT

The invention provides novel lithium-mixed metal materials which, upon electrochemical interaction, release lithium ions, and are capable of reversibly cycling lithium ions. The invention provides a rechargeable lithium battery which comprises an electrode formed from the novel lithium-mixed metal materials. Methods for making the novel lithium-mixed metal materials and methods for using such lithium-mixed metal materials in electrochemical cells are also provided. The lithium-mixed metal materials comprise lithium and at least one other metal besides lithium. Preferred materials are lithium-mixed metal phosphates which contain lithium and two other metals besides lithium.

CLAIMS Show all claims

Owners: VALENCE TECHNOLOGY, INC. (United States)

*** Note: Data on abstracts and claims is shown in the official language in which it was submitted.

 

[OneEye]

International patent enforcement is a bear. Just ask the Wright Brothers. The Europeans refused to recognize any of their patent claims. Once the Wrights figured out some significant enabling technologies for powered flight (wing warping/airfoil shaping for directional control, propeller design, etc.) the Europeans actually got ahead in the game for quite some time, and the Wright's struggled financially without being entitled to royalties on thier breakthroughs. You can decide whether this was a good thing or not. Maybe Orville would have stifled innovation and tried to gain a monopoly on flight, stunting the growth of an industry well beyond the beginning of the Great War (WW I). I can just imagine the Red Baron and Capt Rickenbaker fighting in the skies of France in a Wright Flyer.

Valence, A123, and Hydro-Quebec will be filing suits and countersuits over this stuff for quite some time, probably at least 10 more years (until the first patent expires, but there are lots more after that). Chances are the companies will make some sort of settlement and cross-licencing/royalty agreement on the basics rather than risk one of the basic patents being ruled invalid in court. It is the same patent house of cards the microchip and memory manufacturers use against each other on a regular basis, once again usually resulting in some sort of settlement/royalty agreement before the fight is over.

Getting mainland China to recognize the stack of patents will be another issue entirely.

 

[safe]

Getting mainland China to recognize the stack of patents will be another issue entirely.

I suspect that China would have no problem simply stealing the technology and if we don't want to buy their products they just won't care. From their perspective if we boycott their LiFePO4's by creating some sort of trade war or legal obstacle it does no harm to them. Given the importance of new battery evolution I'm against allowing the legal side to dominate right now, but you are right, those people who "play by the rules" will likely be given relatively unfair rules to follow while others will just ignore the rules. It's the world we live in... :|