Petitioner v. Ningde Amperex Technology Ltd

This Inter Partes Review (IPR) proceeding, IPR2025-00524, is currently pending and instituted at the Patent Trial and Appeal Board (PTAB). The petitioner challenging the patent is Zhuhai CosMX Battery Co., Ltd. (CosMX), an operating company and a competitor in the lithium-ion battery market. The patent owner is Ningde Amperex Technology Ltd (ATL), a global leader and operating company based in China, specializing in the innovation, development, and supply of lithium-ion polymer batteries for a wide range of consumer electronics, including smartphones, laptops, and drones. The patent at issue is US patent 12015118, which is generally related to lithium-ion battery technology, a highly contested and rapidly evolving field. While the specific technical sketch for patent 12015118 requires a direct patent search, ATL's broader portfolio focuses on innovations in rechargeable cells, advanced packaging solutions, and comprehensive system integration to enhance safety, convenience, and endurance of consumer electronics batteries.

This IPR is part of a larger and commercially significant international patent dispute between ATL and CosMX, with parallel litigation ongoing in US district courts and in China. For instance, ATL has sued CosMX in the Eastern District of Texas (Case No. 2:22-cv-00232 and 2:26-cv-00139) for alleged infringement of lithium-ion battery patents, where CosMX previously secured a jury verdict of invalidity for some asserted patents. The PTAB, presided over by Judge Donna M. Praiss in this IPR, is a critical venue for challenging patent validity. The case is particularly notable due to the recent changes at the USPTO, where Director John Squires has taken personal control over IPR institution decisions, introducing new discretionary denial factors such as "settled expectations" and a focus on U.S. manufacturing activity. In this specific IPR, a Director Review was initiated, resulting in a December 22, 2025 decision that affirmed-in-part and vacated-in-part the initial institution decision while ultimately maintaining institution. This demonstrates the direct impact of the Director's increased involvement on the procedural posture of AIA reviews.

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

This case involves a patent infringement lawsuit filed by Ningde Amperex Technology Limited ("ATL") against Zhuhai CosMX Battery Co., Ltd. ("CosMX") in the Eastern District of Texas, as well as a related Inter Partes Review (IPR) proceeding at the Patent Trial and Appeal Board (PTAB) challenging one of the asserted patents. The litigation ultimately concluded with a settlement and dismissal.

Parallel PTAB IPR Proceedings

IPR2025-00524 (challenging U.S. Patent No. 12,015,118)

• Filing of Petition: On April 2, 2025, Zhuhai CosMX Battery Co., Ltd. filed a petition for Inter Partes Review, IPR2025-00524, challenging U.S. Patent No. 12,015,118, owned by Ningde Amperex Technology Ltd..
• Institution of IPR: The PTAB instituted review of U.S. Patent No. 12,015,118 on October 24, 2025..
• Request for Director Review (Denied): The Patent Owner (ATL) filed a request for Director Review regarding the institution decision. On September 2, 2025, the Patent Owner's request for additional briefing related to discretionary denial in IPR2025-00524 and IPR2025-00722 was denied, with the Director noting insufficient time for additional briefing.. The Patent Owner had argued that the interplay between the parallel district court case and the IPR should prevent overturning the institution decision..
• Settlement and Joint Request for Termination: On June 11, 2026, CosMX and ATL jointly requested the termination of IPR2025-00524. This request followed a confidential settlement agreement resolving all underlying disputes between the parties regarding U.S. Patent No. 12,015,118..

Other Parallel IPRs: The public record indicates that Zhuhai CosMX Battery Co., Ltd. also filed other IPRs against Ningde Amperex Technology Ltd. challenging related patents, including IPR2025-00431 (U.S. Patent No. 11,799,131, instituted on 2025-08-19), IPR2025-00385 (U.S. Patent No. 10,964,927, not instituted on 2025-08-20), IPR2025-00389 (U.S. Patent No. 11,923,498, instituted on 2025-09-09), and IPR2025-00432 (U.S. Patent No. 11,575,148, instituted on 2025-08-26).. There was also a denial of institution in IPR2025-00385 on August 20, 2025, which was noted in arguments for discretionary denial in IPR2025-00524 and IPR2025-00722..

District Court Patent Infringement Litigation

Caption: Ningde Amperex Technology Limited v. Zhuhai CosMX Battery Co., Ltd.
Case number: 2:24-cv-00728
Court: U.S. District Court for the Eastern District of Texas, Marshall Division
Judge: Rodney Gilstrap
Patents at issue: U.S. Patent Nos. 11,575,148, 11,769,910, 11,799,131, 10,964,927, 11,923,498, and 12,015,118.

• Filing of Complaint: Ningde Amperex Technology Limited filed the civil action for patent infringement against Zhuhai CosMX Battery Co., Ltd. on September 6, 2024. The lawsuit asserted infringement of multiple patents related to lithium-ion battery technology, including U.S. Patent No. 12,015,118..
• Initial Pleadings: ATL filed a Second Amended Complaint for Patent Infringement, alleging willful and deliberate misconduct by CosMX and seeking enhanced damages.. CosMX denied infringement of the asserted claims..
• Protective Order Dispute (Discovery Milestone): On February 11, 2025, the parties filed a Joint Motion for Entry of Protective Order, highlighting a dispute concerning the use of materials produced in an earlier litigation between the same parties (Case No. 2:22-CV-0232-JRG). CosMX argued for cross-use to promote efficiency due to substantial overlap in technology and products, while ATL disagreed, citing irrelevant discovery and potential prejudice from past counterclaims.. This earlier litigation (2:22-CV-0232-JRG) involved a jury verdict of invalidity for two of the three asserted patents against CosMX..
• Effect of Parallel IPRs: The existence and institution of IPR2025-00524 and other related IPRs challenging the asserted patents in the district court case likely influenced the litigation strategy, particularly regarding potential motions to stay the district court proceedings. While a specific motion to stay on this docket wasn't found in the provided snippets, discussions within the IPR context explicitly mention the "interplay between the parallel district court case and this proceeding.".
• Settlement and Dismissal: On May 27, 2026, the parties entered into a confidential settlement agreement resolving their disputes.. Subsequently, on June 8, 2026, ATL and CosMX filed a Stipulation of Dismissal Pursuant to Rule 41(a)(1) in the district court case (2:24-cv-728), stipulating to a dismissal of all claims with prejudice.. This dismissal in the district court prompted the joint request for termination of the parallel IPR2025-00524..

Final Disposition

The patent infringement litigation (2:24-cv-00728) was dismissed with prejudice on June 8, 2026, following a settlement agreement between Ningde Amperex Technology Limited and Zhuhai CosMX Battery Co., Ltd. The parallel IPR2025-00524, which had been instituted to review U.S. Patent No. 12,015,118, was subsequently requested for termination on June 11, 2026, as a direct result of this settlement..

The plaintiff, Zhuhai CosMX Battery Co., Ltd., in IPR2025-00524 is represented by counsel including Jason Eisenberg.

As of the current date, the following counsel has been identified for the Petitioner:

• Jason Eisenberg (Lead Counsel)
  • Firm: (Firm information not explicitly provided in the snippets, further search needed)
  • Office Location: (Office location not explicitly provided in the snippets, further search needed)
  • Note: Known as Petitioner counsel in IPR2025-00524.

Further research is required to identify Mr. Eisenberg's firm, office location, and a more detailed note on his relevant patent litigation experience, as well as to identify any other "et al." counsel for the Petitioner. The provided snippets mention "Eisenberg, Jason et al." as Petitioner Counsel but do not elaborate on the "et al." or provide firm details.

In IPR2025-00524, Ningde Amperex Technology Ltd (ATL) is represented by attorneys from Alston & Bird LLP. Christopher TL Douglas is identified as lead counsel for Patent Owner Ningde Amperex Technology Ltd.. He is based in Alston & Bird LLP's Charlotte, NC office..

Another attorney from Alston & Bird LLP, Brady Cox, has also represented Ningde Amperex Technology Ltd in relation to battery technologies in various patent infringement lawsuits and appeals, including other IPR decisions to the Federal Circuit.. His declaration in a January 9, 2026, filing indicates his involvement in IPR2025-00524..

While Quinn Emanuel Urquhart & Sullivan LLP has successfully represented ATL in parallel district court litigation against Zhuhai CosMX Battery Co., Ltd. in the Eastern District of Texas, securing a jury verdict of willful infringement and an enhanced damages award, and also represents ATL in an appeal to the Federal Circuit (25-1091), the Alston & Bird LLP attorneys are explicitly listed as counsel for the Patent Owner in IPR2025-00524 filings.. Hogan Lovells has also represented ATL in a successful patent nullity proceeding in Germany against Zhuhai CosMX Battery Co. Ltd.. However, the most direct and recent PTAB filings for IPR2025-00524 name Alston & Bird LLP as counsel of record for ATL in this specific IPR..