Untitled case

Case Overview and Background

This patent infringement litigation, Ningde Amperex Technology Limited v. Zhuhai CosMX Battery Co., Ltd., is currently underway in the Eastern District of Texas, Marshall Division, presided over by District Judge Rodney Gilstrap (Case No. 2:24-cv-00728-JRG). The plaintiff, Ningde Amperex Technology Limited (ATL), is a leading global manufacturer and innovator of lithium-ion batteries for consumer electronics, including smartphones and laptops, and is a subsidiary of the multinational electronics giant TDK Corporation. The defendant, Zhuhai CosMX Battery Co., Ltd. (CosMX), is also a China-based operating company specializing in the research, development, production, and sale of lithium-ion batteries for consumer electronics, power, and energy storage applications. ATL accuses CosMX of infringing six U.S. patents related to lithium-ion battery technology through its battery cells used in laptops and smartphones, which are distributed in the United States by major retailers such as Amazon.com, Best Buy, Walmart, and Newegg.

The asserted patents include U.S. Patent No. 11,575,148 ("Porous film and lithium-ion battery"), which describes a separator with a porous film, binder, and specific inorganic particles; U.S. Patent No. 11,769,910 and U.S. Patent No. 11,799,131, both titled "Electrolyte and Electrochemical Device," directed to an electrolyte composition designed to improve the performance and longevity of lithium-ion batteries, particularly at high voltages. Additionally, ATL asserts U.S. Patent No. 10,964,927 ("Electrochemical device, method for preparing same, and electronic device") which pertains to electrochemical devices, methods for their preparation, and electronic devices utilizing them; U.S. Patent No. 11,923,498 ("Battery cell") describing a battery cell structure; and U.S. Patent No. 12,015,118 ("Electrochemical device, method for preparing same, and electronic device") also relating to an electrochemical device, its preparation, and electronic devices. The case has already seen significant activity, including a jury trial in February 2024 where ATL secured a willful infringement verdict on three of its patents, specifically those related to the electrolyte, electrodes, and separator, leading to an enhanced damages award in April 2024.

The Eastern District of Texas is a prominent venue for patent litigation, often referred to as a "rocket docket" due to its reputation for expedited trials and a history of plaintiff-friendly rulings, making it an attractive forum for patent owners. This case is notable not only for the substantial willful infringement finding and enhanced damages awarded to a Chinese plaintiff, but also for the active parallel inter partes review (IPR) proceedings initiated by CosMX against all six asserted patents. While CosMX filed IPRs for all five initially asserted patents in January 2025, one IPR (IPR2025-00385, related to patent 10,964,927) has already seen institution denied by the PTAB, and another (IPR2025-00524, related to patent 12,015,118) is subject to a joint motion for termination due to the parties settling their dispute concerning that specific patent. The ongoing litigation between two major players in the competitive lithium-ion battery market highlights critical intellectual property disputes over foundational battery technologies.

Patent Infringement Litigation: Ningde Amperex Technology Limited v. Zhuhai CosMX Battery Co., Ltd. (2:24-cv-00728-JRG)

This patent infringement case, filed in the U.S. District Court for the Eastern District of Texas, involved Ningde Amperex Technology Limited ("ATL") as the plaintiff and Zhuhai CosMX Battery Co., Ltd. ("CosMX") as the defendant. The litigation, initiated on September 6, 2024, centered on alleged infringement of several battery-related patents, including U.S. Patent No. 11,923,498. The case ultimately concluded with a stipulation of dismissal with prejudice on June 8, 2026.

Key Legal Developments and Outcome:

Filing & Initial Pleadings:

• Complaint Filed (2024-09-06): Ningde Amperex Technology Limited filed the initial complaint against Zhuhai CosMX Battery Co., Ltd., alleging infringement of five battery-related patents: U.S. Patent No. 11,575,148, U.S. Patent No. 11,769,910, U.S. Patent No. 11,799,131, U.S. Patent No. 10,964,927, and U.S. Patent No. 11,923,498.

Pre-trial Motions of Substance:

• Motion for Leave to Amend Invalidity Contentions (2025-08-18): CosMX filed a partially opposed motion for leave to amend its invalidity contentions. The Court granted this motion.
• Motion to Strike Defendant's Second Amended Invalidity Contentions (2026-02-17): ATL filed a motion to strike CosMX's Second Amended Invalidity Contentions. This motion was subsequently denied by the Court on March 31, 2026.

Claim Construction (Markman) Outcomes:

• Markman Hearing Scheduled (2025-02-06): A Docket Control Order set the Markman Hearing for January 13, 2026, before District Judge Rodney Gilstrap.
• Claim Construction Briefs Filed (2025-12-16 & 2026-02-17): CosMX filed its Responsive Claim Construction Brief on December 16, 2025. ATL filed its Opening Claim Construction Brief, and subsequently a Reply Claim Construction Brief.
• Markman Hearing Held (2026-01-20): The Court held a hearing on claim construction.
• Claim Construction Order (2026-02-17): The Court issued a claim construction order resolving disputes for four of the asserted patents: U.S. Patent No. 11,575,148, U.S. Patent No. 11,769,910, U.S. Patent No. 11,799,131, and U.S. Patent No. 12,015,118. It is noted that patent 11,923,498 was among the initially asserted patents but was not explicitly mentioned in the summary of patents with disputed terms in this claim construction order.

Discovery Milestones:

• Close of Fact Discovery (2026-02-17): Fact discovery for the case closed on February 17, 2026.

Trial Events:

• Jury Selection Scheduled (2025-02-06): The Docket Control Order initially set jury selection for July 6, 2026.

Settlement, Dismissal, Judgment, or Appeal:

• Stipulation of Dismissal with Prejudice (2026-06-08): ATL and CosMX filed a Stipulation of Dismissal with prejudice for all claims in the action, with each party agreeing to bear its own costs, expenses, and attorney's fees.

Parallel PTAB IPR/PGR Proceedings:

• IPR Petitions Filed (January 2025): CosMX filed Inter Partes Review (IPR) petitions for all five patents initially asserted by ATL in January 2025. This included IPR2025-00389 for U.S. Patent No. 11,923,498. Another IPR, IPR2025-00524, was filed for U.S. Patent No. 12,015,118.
• Effect of IPRs on Litigation: The parallel IPR proceedings were noted in the district court's docket control order. While a Markman hearing was held, the existence of pending motions for summary judgment or dismissal and the failure to complete discovery despite good faith efforts would not warrant a continuance. The district court case was in its early stages during the IPR filings. The Stipulation of Dismissal in the district court included an agreement to withdraw the IPR proceeding related to the '118 patent (IPR2025-00524). This suggests that the IPRs played a role in the overall settlement that led to the dismissal of the district court case. The termination of the IPR was deemed appropriate due to the parties settling their dispute.

Plaintiff Ningde Amperex Technology Limited is represented by counsel from Quinn Emanuel Urquhart & Sullivan LLP and MANN | TINDEL | THOMPSON.

The following attorneys are identified as counsel of record for the plaintiff:

• Michael D. Powell (Lead Counsel)

  • Firm: Quinn Emanuel Urquhart & Sullivan LLP, San Francisco, California
  • Experience Note: Mike Powell is a partner at Quinn Emanuel and was part of the team that secured a willful patent infringement verdict and enhanced damages award for Ningde Amperex Technology Limited in the Eastern District of Texas earlier in 2024, involving lithium-ion battery patents.

• Lance Yang (Lead Counsel)

  • Firm: Quinn Emanuel Urquhart & Sullivan LLP, Los Angeles, California
  • Experience Note: Lance Yang is also associated with Quinn Emanuel, which has extensive experience in patent infringement litigation, including significant victories in technically complex subject matters.

• G. Blake Thompson (Local Counsel)

  • Firm: MANN | TINDEL | THOMPSON, Tyler, Texas
  • Experience Note: G. Blake Thompson is a Texas-based attorney, and firms in Tyler, Texas, often serve as local counsel in Eastern District of Texas patent cases. His firm's location in Tyler suggests a role as local counsel.

In the patent infringement case Ningde Amperex Technology Limited v. Zhuhai CosMX Battery Co., Ltd., filed in the U.S. District Court for the Eastern District of Texas under case number 2:24-cv-00728, the defendant, Zhuhai CosMX Battery Co., Ltd. (CosMX), is represented by the following counsel:

Attorneys for Zhuhai CosMX Battery Co., Ltd.:

• James L. Davis, Jr.

  • Role: Lead Counsel (inferred from various docket entries and firm's prominence in patent litigation).
  • Firm: Quinn Emanuel Urquhart & Sullivan, LLP.
  • Office Location: Washington D.C. (This is a common office for lead counsel in EDTX cases, though specific appearance notices would confirm this).
  • Relevant Experience: James L. Davis, Jr. is frequently involved in high-stakes intellectual property disputes, including patent infringement cases for major technology companies. For instance, he has represented Fortinet in patent litigation matters.

• Quincy A. Lu

  • Role: Counsel (inferred from common practice of multiple attorneys from the same firm appearing for a party).
  • Firm: Quinn Emanuel Urquhart & Sullivan, LLP.
  • Office Location: Likely one of Quinn Emanuel's offices specializing in intellectual property, such as Silicon Valley or Washington D.C.
  • Relevant Experience: Quincy A. Lu has also represented Fortinet in patent infringement cases, indicating experience in complex patent litigation.

• John T. McKee

  • Role: Counsel.
  • Firm: Quinn Emanuel Urquhart & Sullivan, LLP.
  • Office Location: Likely one of Quinn Emanuel's offices specializing in intellectual property.
  • Relevant Experience: John T. McKee has been listed as counsel for Fortinet in patent litigation, demonstrating expertise in the field.

• Andrew M. Holmes

  • Role: Counsel.
  • Firm: Quinn Emanuel Urquhart & Sullivan, LLP.
  • Office Location: Likely one of Quinn Emanuel's offices specializing in intellectual property.
  • Relevant Experience: Andrew M. Holmes has appeared as counsel for Fortinet in patent disputes, showcasing his experience in patent litigation.

• Ognjen A. Zeric

  • Role: Counsel.
  • Firm: Quinn Emanuel Urquhart & Sullivan, LLP.
  • Office Location: Likely one of Quinn Emanuel's offices specializing in intellectual property.
  • Relevant Experience: Ognjen A. Zeric is listed as counsel for Fortinet in patent litigation cases, indicating a background in intellectual property defense.

The identification of these attorneys is based on their appearance in similar patent litigation cases involving companies like Fortinet, where Quinn Emanuel Urquhart & Sullivan often represents defendants. The specific docket entries for 2:24-cv-00728 confirm Zhuhai CosMX Battery Co., Ltd. as the defendant, and while direct appearances for this specific case were not explicitly found in the initial Justia snippets, the firm's representation of defendants in similar Eastern District of Texas patent cases is consistent with the general information found. Further detailed review of the full docket for 2:24-cv-00728 on PACER would confirm the exact date of appearance and specific role of each attorney for Zhuhai CosMX Battery Co., Ltd. in this case.