Untitled case

Case Overview and Background: Ningde Amperex Technology Limited v. Zhuhai CosMX Battery Co., Ltd.

This patent infringement litigation, Case No. 2:24-cv-00728-JRG, was filed in the Eastern District of Texas, Marshall Division, with District Judge Rodney Gilstrap presiding. The plaintiff is Ningde Amperex Technology Limited ("ATL"), a major Chinese battery manufacturer. The defendant is Zhuhai CosMX Battery Co., Ltd. ("CosMX"), also a battery manufacturer. ATL accused CosMX of infringing several patents related to battery technology, specifically alleging infringement by CosMX's battery cells, separators, and electrolytes. While the initial prompt stated the case was active, a stipulation of dismissal with prejudice for all claims was filed on June 8, 2026, indicating the case has been resolved.

The primary patent at issue, as specified, is U.S. Patent No. 11,575,148, which generally relates to separator technology within lithium-ion batteries, including aspects concerning the "Dv90" particle size. In addition to the '148 patent, ATL also asserted U.S. Patent Nos. 11,769,910, 11,799,131, and 12,015,118 in this litigation, all related to battery technology. The procedural posture saw significant activity, including a claim construction hearing held on January 20, 2026, and an order regarding invalidity contentions in March 2026. The Eastern District of Texas is a well-known venue for patent litigation due to its specialized patent rules and efficient dockets, often seen as favorable to patent holders.

This case is notable as it represents a continuation of a prior dispute between the same parties in the same court (Case No. 2:22-cv-00232-JRG). The ongoing nature of this litigation between two significant players in the battery manufacturing industry highlights the competitive landscape and the strategic importance of patent portfolios in this sector. Furthermore, the case was linked to multiple Inter Partes Review (IPR) proceedings at the USPTO, including IPR2025-00432 concerning the '148 patent, suggesting parallel challenges to patent validity by the defendant. The existence of these IPRs and the prior litigation indicate a robust and multi-faceted legal battle over critical battery technologies.

Key Legal Developments and Outcome for Ningde Amperex Technology, Limited v. Zhuhai Cosmx Battery Co., Ltd.

The patent infringement litigation, Ningde Amperex Technology, Limited v. Zhuhai Cosmx Battery Co., Ltd., Case No. 2:24-cv-00728, is actively proceeding in the U.S. District Court for the Eastern District of Texas. The case involves U.S. Patent No. 11,575,148, among others.

Chronological Legal Developments:

• Filing & Initial Pleadings:

  • September 6, 2024: Plaintiff Ningde Amperex Technology, Limited ("ATL") filed the lawsuit against Defendant Zhuhai Cosmx Battery Co., Ltd. ("Cosmx"). ATL's complaint alleges infringement of six U.S. patents, including U.S. Patent No. 11,575,148. The details of Cosmx's answer and any counterclaims are not explicitly available in the provided search results, but the subsequent progress of the case indicates these initial pleadings were filed.

• Pre-Trial Motions of Substance:

  • June 11, 2025: District Judge Rodney Gilstrap denied ATL's Motion to Compel Cosmx to produce technical documents for products "reasonably similar" to the accused products and to supplement its response to Interrogatory No. 1.
  • August 18, 2025: District Judge Rodney Gilstrap granted Cosmx's partially opposed Motion for Leave to Amend Invalidity Contentions (Dkt. No. 63). Cosmx had served its initial invalidity contentions on March 12, 2025.

• Claim Construction (Markman) Outcomes:

  • January 20, 2026: The Court held a Markman hearing.
  • February 17, 2026: A Claim Construction Order (Markman Order, Dkt. No. 171) was filed by the Court. This order resolved disputes regarding the construction of terms in four of the asserted patents, including the '148 Patent.

• Discovery Milestones:

  • The denial of ATL's motion to compel (June 11, 2025) and the granting of Cosmx's motion to amend invalidity contentions (August 18, 2025) represent key discovery and pleading milestones, defining the scope of discovery and the asserted invalidity defenses.

• Trial Events, Verdict, and Post-Trial Motions:

  • As of the current date (June 27, 2026), the case is still in the pre-trial phase following claim construction. There have been no trial events, verdicts, or post-trial motions.

• Settlement, Dismissal, Judgment, or Appeal:

  • The case remains in active litigation. No final disposition through settlement, dismissal, or judgment has been reached.

• Parallel PTAB IPR/PGR Proceedings:

  • One related inter partes review (IPR) proceeding has been identified: Zhuhai CosMX Battery Co. Ltd. v. Ningde Amperex Tech., IPR2025-00524, which targets U.S. Patent No. 12,015,118. This IPR pertains to one of the other patents asserted in the district court litigation, not specifically U.S. Patent No. 11,575,148. A search of the USPTO's PTAB database (P-TACTS) did not reveal any instituted or petitioned IPR or Post-Grant Review (PGR) proceedings specifically against U.S. Patent No. 11,575,148.

Ningde Amperex Technology Limited (ATL) was represented by several firms in this litigation. The primary counsel appearing on docket filings include attorneys from Quinn Emanuel Urquhart & Sullivan LLP and Mann | Tindel | Thompson.

Here's a breakdown of the counsel of record for the plaintiff:

Quinn Emanuel Urquhart & Sullivan LLP

• Michael D. Powell
  • Role: Lead Counsel
  • Office Location: San Francisco, California
  • Experience Note: Powell was instrumental in securing an enhanced damages award for ATL in a prior patent trial against CosMX in the Eastern District of Texas, marking the first time a Chinese plaintiff received such an award in that venue. His experience includes complex patent litigation, and he was part of a team that convinced a jury of willful infringement of ATL's battery technology patents.
• Lance Yang
  • Role: Counsel
  • Office Location: Los Angeles, California
  • Experience Note: Yang is also associated with Quinn Emanuel Urquhart & Sullivan LLP and appeared on filings for ATL.

Mann | Tindel | Thompson

• G. Blake Thompson
  • Role: Local Counsel
  • Firm: Mann | Tindel | Thompson
  • Office Location: Tyler, Texas
  • Experience Note: This firm frequently serves as local counsel in the Eastern District of Texas, which is a common practice in this court due to its specific local rules.

While not explicitly listed as counsel of record for this specific case in the provided document, it's worth noting that Ningde Amperex Technology Limited has been represented by other firms in related matters and previous litigations. For example, Alston & Bird LLP appears as counsel for Ningde Amperex Technology Ltd. in IPR proceedings related to patents involved in the 2:24-cv-00728 case. Additionally, Maier & Maier PLLC has been identified as Plaintiff's Counsel in another related case, 2:26-cv-00139, also involving Ningde Amperex Technology Limited and Zhuhai CosMX Battery Co., Ltd.. Fish & Richardson also has a history of representing clients in battery-related patent litigation, including against Amperex Technology Ltd.. Morgan, Lewis & Bockius LLP also lists Ningde Amperex Technology Limited as a client and has an energy storage practice, indicating potential involvement in patent protection for the battery industry.

The defendant, Zhuhai CosMX Battery Co., Ltd., was represented by attorneys from Jones Day and Gillam & Smith LLP.

Here is a breakdown of the counsel of record for the defendant:

Jones Day

• Michael C. Hendershot (Attorney)
  • Firm: Jones Day, Palo Alto, CA.
  • Known for patent litigation, including representing clients in the Eastern District of Texas.
• Blaney Harper (Attorney)
  • Firm: Jones Day, Dallas, TX.
  • Experienced in patent litigation.

Gillam & Smith LLP

• Melissa Richards Smith (Attorney, Local Counsel)
  • Firm: Gillam & Smith LLP, Marshall, TX.
  • Often serves as local counsel in Eastern District of Texas patent cases.

It's important to note that a stipulation of dismissal with prejudice for all claims was filed on June 8, 2026, indicating the case has been resolved. The previous litigation between the parties (2:22-cv-00232-JRG) also saw Finnegan representing CosMX, where they secured a jury verdict of invalidity for two of three asserted patents.