The Case: Chemical Companies Fight Against Battery Patent Infringement

A group of Li-ion battery manufacturers filed a complaint with the U.S. International Trade Commission against several respondents, including a Chinese battery manufacturer, a Chinese drone company and its U.S. subsidiary, and a Chinese mobile phone company and its U.S. subsidiary. The complaint alleges that the respondents are unlawfully manufacturing batteries and electrochemical devices that infringe the complainants’ U.S. patents. The patented technology relates to lithium-ion batteries that include composite separators with features that are claimed to improve the mechanical strength and heat resistance of the separators, which were said to result in enhanced overall battery safety through increased robustness and reduced likelihood of short circuits inside the battery.

The Ask: A Testifying Expert with Knowledge of Lithium-Ion Battery Separators

The complainants approached DOAR to provide an expert with extensive knowledge and experience in the relatively narrow field of lithium-ion battery separators, particularly those that were commercially available and utilized in the industry between 2005 and 2008. Given the technical nature of the investigation, the expert needed to possess a deep understanding of the microstructure and morphology of these separators. Furthermore, the expert would need to be well-versed in the testing methodologies and techniques used to evaluate the operability and functionality of these separators within the context of lithium-ion batteries. This would include a thorough understanding of the relevant industry standards, best practices, and testing protocols that were applicable during the 2005-2008 timeframe.

Why DOAR Was Best Suited to Meet the Expert Need 

In anticipation of an influx of disputes regarding technology patent infringement, DOAR actively recruited a diverse group of world-class academics, industry executives, and former government regulators who are dedicated to supporting our clients in complex IP matters. For this ITC Investigation, DOAR was able to recommend an expert who is a professor with a Ph.D. in materials science and engineering at one of the United States’ most prestigious universities. This expert has direct experience working with lithium-ion batteries and the technology behind them, equipping him to speak to the science behind the patents at issue credibly.

Additionally, we provided a second expert to further support the complainants. This expert brought more than 30 years of experience in the battery industry with a focus on research, product development, manufacturing, and battery materials. He possessed a deep understanding of the complex requirements for battery management that would help to support our client’s matter.

How DOAR’s Experts Can Assist in ITC Investigations

At DOAR, we understand that ITC Investigations can be highly nuanced and have engaged with experts who possess a deep understanding of the major industries and technologies at issue before the Commission. Our team features sector-specific teams of technical experts, knowledgeable industry veterans, and skilled specialists in code review and analysis. These experts are dedicated to achieving the best outcomes for our clients, providing comprehensive support through every stage of the investigation process.

Contact us for more information about our world-class experts and to learn more about our expert teams in our areas of focus within technology.

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