Untitled case

Ningde Amperex Technology Limited ("Amperex"), a prominent global manufacturer of lithium-ion batteries for smartphones and other consumer electronics, initiated this patent infringement lawsuit against Zhuhai CosMX Battery Co., Ltd. ("CosMX"), another major supplier of Li-ion batteries for various electronic devices. Amperex, acting as an operating company, alleges that CosMX infringes its intellectual property through the sale of CosMX battery cells incorporated into laptops and smartphones, which are distributed in the United States by retailers such as Amazon.com, Best Buy, Walmart, and Newegg. Specific accused products include CosMX battery cell models CA496485F-Q1 and CA476588P-Q1.

The litigation, filed on September 6, 2024, in the United States District Court for the Eastern District of Texas, Marshall Division, asserts infringement of U.S. Patent No. 11,799,131, among others including U.S. Patent Nos. 11,575,148, 11,769,910, 10,964,927, and 11,923,498. The patents-in-suit generally relate to energy storage devices, specifically detailing aspects of lithium-ion batteries and their inner workings. Patent 11,799,131, in particular, pertains to electrolyte compositions within these batteries, focusing on dinitrile/trinitrile compounds. District Judge Rodney Gilstrap is presiding over the case, and a claim construction order was issued on February 17, 2026, with a jury trial scheduled for July 6, 2026.

This case is notable due to the Eastern District of Texas's reputation as a favored venue for patent litigation, particularly for its expedited trial schedules and a history of significant patent damage awards. Although the plaintiff is an operating company, the district remains a top choice for patent filings. Furthermore, the case involves parallel proceedings at the Patent Trial and Appeal Board (PTAB), where CosMX filed Inter Partes Review (IPR) petitions for all five asserted patents, including the '131 patent, in January 2025. This indicates a comprehensive challenge to the asserted patents and highlights the ongoing strategic interplay between district court litigation and PTAB proceedings in high-stakes patent disputes within the competitive lithium-ion battery market.

The patent infringement litigation, Ningde Amperex Technology Limited v. Zhuhai CosMX Battery Co., Ltd., Civil Action No. 2:24-CV-00728-JRG, is ongoing in the U.S. District Court for the Eastern District of Texas and concerns U.S. Patent No. 11,799,131, among others.

Here's a chronological overview of the key legal developments:

Filing & Initial Pleadings:

• September 6, 2024: Plaintiff Ningde Amperex Technology Limited (ATL) filed its complaint against Zhuhai CosMX Battery Co., Ltd. (CosMX), alleging infringement of U.S. Patent Nos. 11,575,148, 11,769,910, 11,799,131, 10,964,927, and 11,923,498.
• January 28, 2025: ATL filed its Second Amended Complaint.
• The defendant CosMX has previously filed counterclaims for declaratory judgment of non-infringement and invalidity in related litigation, which is likely to be the case here as well.

Pre-trial Motions of Substance:

• February 11, 2025: A Joint Motion for Entry of Protective Order was filed, addressing the use of materials from a prior related action between the parties (Case No. 2:22-cv-00232-JRG).
• March 31, 2026: District Judge Rodney Gilstrap denied in part Plaintiff ATL's motion (Dkt. No. 173) to strike Defendant CosMX's Second Amended Invalidity Contentions, while other portions were granted by agreement of the parties.
• The Eastern District of Texas has a consistent practice of denying motions to stay pending the outcome of PTAB proceedings when the PTAB has not yet instituted post-grant reviews for all patents at issue. This practice indicates that any motion to stay filed by CosMX, given the timing of the IPR petitions, would likely be denied.

Discovery Milestones:

• February 17, 2026: Fact discovery for the case was closed.
• The defendant's use of destructively tested, open-market materials has been a point of contention and the subject of multiple motions by the plaintiff.

Claim Construction (Markman) Outcomes:

• December 15, 2025: A Markman Hearing was initially scheduled.
• December 16, 2025: Documents show that the parties were actively engaged in claim construction arguments, including for the '131 patent, and discussing issues of indefiniteness.
• July 1, 2026: A Markman Hearing is set to occur before District Judge Rodney Gilstrap. The parties were in the middle of claim construction discovery and were submitting a joint claim construction statement by November 2025.

Trial Events:

• January 11, 2027: Jury Selection is scheduled to commence before District Judge Rodney Gilstrap.

Parallel PTAB IPR/PGR Proceedings:

• January 2025: Defendant CosMX filed multiple inter partes review (IPR) petitions challenging the asserted patents.
• January 28, 2025: CosMX filed IPR2025-00431, petitioning for review of U.S. Patent No. 11,799,131.
• Other IPRs filed by CosMX include IPR2025-00385 (for the '927 patent), IPR2025-00389 (for the '498 patent), IPR2025-00432 (for the '148 patent), and IPR2025-00524 (for the 12,015,118 patent, which is also referenced in filings related to this case).
• The institution decision deadline for IPR2025-00432 was November 5, 2025, and at that time, institution decisions were pending for the IPRs. The district court has indicated that an eventual trial on at least one patent claim, with a scheduled trial date, weighs against granting a stay of the district court proceedings due to pending IPRs.

Current Posture:
The case is currently in the pre-trial phase, with a Markman hearing scheduled for July 2026 and jury selection set for January 2027. There has been no final verdict, judgment, or settlement reported.

Plaintiff's Counsel Identified in Ningde Amperex Technology Limited v. Zhuhai CosMX Battery Co., Ltd.

The plaintiff, Ningde Amperex Technology Limited (ATL), is represented by a team of attorneys from Quinn Emanuel Urquhart & Sullivan LLP and local counsel from Mann | Tindel | Thompson.

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

• Michael D. Powell

  • Role: Lead Counsel
  • Firm: Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, California (also associated with Silicon Valley/Redwood Shores office)
  • Experience Note: Michael Powell is a partner whose practice focuses on patent infringement and high-technology litigation. He has extensive experience as lead and co-lead counsel in federal courts and arbitrations, representing both plaintiffs and defendants in patent infringement, trade secret, and other IP disputes. Notable representations include Google, IBM, STMicroelectronics, and a $174.5 million jury verdict for Voxer against Meta Platforms, Inc. in a patent infringement action.

• Lance Yang

  • Role: Lead Counsel
  • Firm: Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, California (also listed with San Francisco office)
  • Experience Note: Lance Yang is a trial lawyer with extensive experience in patent, copyright, and complex intellectual property litigation, particularly in software and hardware technologies. He has litigated cases in state and federal courts, including the ITC, and has advised on patent licensing. He was named a "Rising Star in Intellectual Property Litigation" by Super Lawyers Magazine.

• G. Blake Thompson

  • Role: Local Counsel
  • Firm: Mann | Tindel | Thompson, Tyler, Texas (also listed with Henderson, Texas office)
  • Experience Note: G. Blake Thompson is a partner whose practice areas include Intellectual Property Litigation. His firm, Mann | Tindel | Thompson, specializes in complex civil litigation, including intellectual property matters, and is recognized for its extensive trial experience and familiarity with the Eastern District of Texas's unique patent rules, making them a "go to" local law firm for patent litigation in the region.

Zhuhai CosMX Battery Co., Ltd. (CosMX) is represented by attorneys from Jones Day and Gillam & Smith LLP in this patent infringement case in the Eastern District of Texas.

The counsel of record for Defendant CosMX are:

• Michael C. Hendershot (Lead Counsel)
  • Firm: Jones Day, Palo Alto, CA
  • Note: Jones Day has a significant patent litigation practice and frequently represents clients in high-stakes intellectual property disputes.
• Blaney Harper (Lead Counsel)
  • Firm: Jones Day, Dallas, TX
  • Note: Blaney Harper is also listed as counsel for CosMX, indicating a collaborative effort between the firm's offices.
• Melissa Richards Smith (Local Counsel)
  • Firm: Gillam & Smith LLP, Marshall, TX
  • Note: Melissa Richards Smith is a prominent local counsel in the Eastern District of Texas, known for her experience in patent litigation in that venue.

It is worth noting that CosMX was previously represented by a Munich-based team from Finnegan Henderson Farabow Garrett & Dunner in German patent proceedings against ATL, but later switched to Eisenführ Speiser for those proceedings. However, for the U.S. District Court case 2:24-cv-00728, the docket indicates representation by Jones Day and Gillam & Smith LLP. Finnegan has represented CosMX in a prior Eastern District of Texas case against ATL (2:22-cv-00232), where they secured a jury verdict of invalidity for two of three asserted patents.