2:26-cv-00870
Xiamen Ampack Technology Ltd v. Xiamen Hithium Energy Storage Technology Co Ltd
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Xiamen Ampack Technology Limited (People's Republic of China)
- Defendant: Xiamen Hithium Energy Storage Technology Co., Ltd. (People's Republic of China)
- Plaintiff’s Counsel: Alston & Bird LLP
- Case Identification: Xiamen Ampack Technology Limited v. Xiamen Hithium Energy Storage Technology Co., Ltd., 2:26-cv-00870, E.D. Tex., 09/23/2026
- Venue Allegations: Venue is alleged to be proper because the defendant, Xiamen Hithium, is a foreign entity and may be sued in any judicial district under 28 U.S.C. § 1391(c). The complaint also asserts that Defendant has stream-of-commerce contacts with Texas, including shipments to U.S. ports, sales to Texas customers, and use of its products in Texas energy storage facilities.
- Core Dispute: Plaintiff alleges that Defendant’s battery cells, modules, and energy-storage products infringe six U.S. patents related to battery safety features, electrode assemblies, and separator technologies.
- Technical Context: The lawsuit concerns lithium-ion battery technology, specifically components and designs intended to improve safety by managing thermal runaway events, and to enhance performance and structural integrity in large-scale energy storage systems.
- Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the asserted patents.
Case Timeline
| Date | Event |
|---|---|
| 2013-09-15 | U.S. Patent 9,614,211 Priority Date |
| 2014-11-11 | U.S. Patent 9,806,312 Priority Date |
| 2015-12-14 | U.S. Patent 10,283,816 Priority Date |
| 2015-12-14 | U.S. Patent 12,255,290 Priority Date |
| 2017-04-04 | U.S. Patent 9,614,211 Issued |
| 2017-10-31 | U.S. Patent 9,806,312 Issued |
| 2018-04-11 | U.S. Patent 10,964,987 Priority Date |
| 2018-06-20 | U.S. Patent 10,964,927 Priority Date |
| 2019-05-07 | U.S. Patent 10,283,816 Issued |
| 2021-03-30 | U.S. Patent 10,964,927 Issued |
| 2021-03-30 | U.S. Patent 10,964,987 Issued |
| 2025-03-18 | U.S. Patent 12,255,290 Issued |
| Late 2025 | Anticipated mass production start at Defendant's Mesquite, Texas facility |
| 2026-09-23 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,614,211 - "Lithium Ion Battery Having Desirable Safety Performance"
- Issued: April 4, 2017
The Invention Explained
- Problem Addressed: The patent describes the problem of thermal runaway in lithium-ion batteries, where high temperatures can generate massive amounts of gas and cause the battery to explode U.S. Patent 9,614,211, background, col. 1:21-44 When conventional pressure relief valves break, they can eject high-temperature solid particles along with flammable gases, leading to ignition and safety hazards U.S. Patent 9,614,211, col. 1:45-62
- The Patented Solution: The invention proposes coupling a pressure relief valve with a "mesh cover" that has specifically sized through-holes. This design allows gases and electrolyte vapor to vent during a thermal event but filters out the high-temperature solid particles, thereby separating the ignition source (solid particles) from the fuel (flammable gases) and preventing external ignition U.S. Patent 9,614,211, abstract U.S. Patent 9,614,211, col. 2:54-62 The specification details how the mesh cover can be configured to control the speed of the escaping gases U.S. Patent 9,614,211, col. 3:23-32
- Technical Importance: This approach aimed to enhance battery safety by managing the byproducts of thermal runaway in a more controlled manner, a critical concern for high-capacity batteries used in electronics and energy storage.
Key Claims at a Glance
- Independent claim 1 is asserted Compl. ¶52
- The essential elements of claim 1 include:
- A lithium ion battery comprising a battery can, a battery core, and an electrolyte.
- A battery cover hermetically assembled to the battery can.
- A pressure relief valve on the battery can or cover.
- A mesh cover coupled with the pressure relief valve, defining a plurality of through holes.
- Each through hole having a sectional area of 0.01-50 mm².
- The complaint reserves the right to assert additional claims Compl. ¶48
U.S. Patent No. 9,806,312 - "Lithium Ion Battery and Lithium Ion Battery Pack"
- Issued: October 31, 2017
The Invention Explained
- Problem Addressed: This patent also addresses the safety hazards of thermal runaway, where ejected flammable gases and high-temperature solid particles can cause ignition or explosion U.S. Patent 9,806,312, background, col. 1:22-40 The patent notes that simple mesh members may still allow ignition if the ejected gas flow is not properly managed U.S. Patent 9,806,312, col. 1:52-67
- The Patented Solution: The invention introduces a "first safety device" that is fixed to the pressure relief valve. This device includes a "shielding plate" that faces the valve to block solid particles, and a "side wall" that extends from the plate and connects to the battery housing or cover. The side wall defines an "air flow channel structure" that redirects the vented gas, changing its flow direction and lowering its speed to reduce the risk of ignition U.S. Patent 9,806,312, abstract U.S. Patent 9,806,312, col. 2:19-25 U.S. Patent 9,806,312, col. 3:36-44
- Technical Importance: This invention provides a more sophisticated mechanical structure to not only filter but also redirect gas flow during a venting event, offering an alternative approach to improving battery safety.
Key Claims at a Glance
- Independent claim 1 is asserted Compl. ¶70
- The essential elements of claim 1 include:
- A lithium ion battery comprising a battery housing, a battery cover, and a pressure relief valve.
- A "first safety device" fixed to the pressure relief valve.
- The first safety device comprises a shielding plate, a side wall, and an air flow channel structure.
- The side wall has a longitudinal axis, extends from the shielding plate, and connects with the battery housing or cover.
- The air flow channel structure is defined passing through the side wall along an axis perpendicular to the longitudinal axis.
- The complaint reserves the right to assert additional claims Compl. ¶48
Multi-Patent Capsule
Patent Identification: U.S. Patent No. 10,283,816, "Electrode Assembly, and Lithium Ion Electric Roll Using the Electrode Assembly," issued May 7, 2019 Compl. ¶40
Technology Synopsis: The patent addresses the risk of internal short circuits caused by sharp edges on the anode current collector puncturing the battery's packaging film U.S. Patent 10,283,816, background, col. 1:36-49 The solution is an electrode assembly with an "anti-puncture cushion" arranged on specific surfaces of the "bare electric roll" to protect the packaging from these sharp edges U.S. Patent 10,283,816, abstract
Asserted Claims: Independent claim 1 Compl. ¶89
Accused Features: The internal structure of the Hithium 314Ah Cell, specifically its use of an anti-puncture cushion on the electrode roll assembly Compl. ¶¶91-92 Compl. ¶95
Patent Identification: U.S. Patent No. 10,964,927, "Separator and Electrochemical Device," issued March 30, 2021 Compl. ¶42
Technology Synopsis: The patent seeks to improve battery safety during puncture events (e.g., nail penetration) U.S. Patent 10,964,927, background, col. 1:20-33 The invention is a separator using a porous substrate with a very high "absolute plastic deformation rate" (40% to 1800%). This high ductility allows the separator to stretch and wrap around a piercing object rather than tearing, which reduces the area of internal short-circuiting and mitigates fire risk U.S. Patent 10,964,927, abstract U.S. Patent 10,964,927, col. 1:34-44
Asserted Claims: Independent claim 1 Compl. ¶108
Accused Features: The separator used in the Hithium 314Ah Cell, which allegedly exhibits an absolute plastic deformation rate of approximately 66%, falling within the claimed range Compl. ¶114
Patent Identification: U.S. Patent No. 10,964,987, "Separator and Energy Storage Device," issued March 30, 2021 Compl. ¶44
Technology Synopsis: The patent aims to improve adhesion between the separator and the electrode, and to enhance the rate and cycle performance of the battery U.S. Patent 10,964,987, background, col. 1:20-34 The solution is a separator with a porous layer containing inorganic particles, where the ratio of the particle size (Dv90) to the thickness of the porous layer is controlled to be within a specific range of 0.3 to 3.0 U.S. Patent 10,964,987, abstract
Asserted Claims: Independent claim 1 Compl. ¶125
Accused Features: The separator in the Hithium 314Ah Cell, which allegedly has a porous layer with a Dv90-to-thickness ratio of approximately 0.440, falling within the claimed range Compl. ¶130
Patent Identification: U.S. Patent No. 12,255,290, "Electrode Assembly, and Lithium Ion Electric Roll Using the Electrode Assembly," issued March 18, 2025 Compl. ¶46
Technology Synopsis: This patent, related to the '816 patent, also addresses the problem of internal short circuits caused by sharp electrode edges U.S. Patent 12,255,290, background, col. 1:43-54 It describes an electrode assembly with a "first anti-puncture cushion" where an edge of the cushion "exceeds beyond" an edge of the electrode sheet, providing protective coverage over the sharp corners U.S. Patent 12,255,290, abstract
Asserted Claims: Independent claim 1 Compl. ¶140
Accused Features: The electrode assembly in the Hithium 314Ah Cell, which is alleged to have an anti-puncture cushion that extends beyond the edge of an electrode sheet as claimed Compl. ¶¶147-148
III. The Accused Instrumentality
Product Identification
- The complaint broadly accuses Hithium's battery energy-storage products, including but not limited to cells, modules, and systems for utility, commercial, industrial, and residential use Compl. ¶¶5, 27 The Hithium "314Ah Cell" (Model LFP71173207 / 314Ah) is identified as a representative accused product Compl. ¶¶28, 48
Functionality and Market Context
- The Accused Products are high-capacity lithium-ion batteries and energy storage systems (ESS) (Compl. ¶28). The complaint alleges that these products are imported, sold, and used in the United States, including in large-scale BESS (Battery Energy Storage System) facilities in Texas Compl. ¶¶18-19 Compl. ¶33 A photograph from the complaint shows the 314Ah Cell, a prismatic battery cell that forms the basis for larger modules and systems Compl. ¶54 The complaint alleges Defendant is a major player in the global energy storage market Compl. ¶53
IV. Analysis of Infringement Allegations
U.S. Patent 9,614,211 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A lithium ion battery, comprising: a battery can; a battery core received in the battery can; an electrolyte filled in the battery can; and a battery cover hermetically assembled to the battery can... | The Hithium 314Ah Cell and other Accused Products are alleged to be lithium ion batteries comprising a battery can, a core, an electrolyte, and a hermetically assembled cover. | ¶¶53-57 | col. 2:56-59 |
| ...wherein: the battery can or the battery cover is provided with a pressure relief valve; | The battery cover of the Hithium 314Ah Cell is alleged to include a pressure relief valve. A photograph in the complaint identifies this component on the battery cover. Compl. ¶58 | ¶58 | col. 2:59-61 |
| the pressure relief valve is coupled with a mesh cover defining a plurality of through holes therein; and | The Hithium 314Ah Cell allegedly includes a mesh cover coupled with the pressure relief valve. A photograph shows this cover being placed over the valve assembly. Compl. ¶59 | ¶59 | col. 2:62-63 |
| each through hole defined in the mesh cover has a sectional area of 0.01-50 mm². | The complaint alleges on information and belief that each through hole in the accused mesh cover has a sectional area between approximately 3 mm² and 15 mm², which falls within the claimed range. A close-up photograph of the mesh cover is provided. Compl. ¶60 | ¶60 | col. 2:64-66 |
- Identified Points of Contention:
- Scope Questions: A potential dispute may arise over the term "coupled with". The claim requires the pressure relief valve to be "coupled with a mesh cover". The parties may dispute whether the observed assembly in the accused product Compl. ¶59 constitutes the functional and structural coupling described in the patent, which implies a cooperative function to filter particles while venting gas U.S. Patent 9,614,211, col. 4:49-59
- Evidentiary Questions: The allegation regarding the sectional area of the through-holes is stated "on information and belief" and provides an approximate range Compl. ¶60 The definitive dimensions and whether they meet the limitation for all accused products will be a question of fact for discovery and expert analysis.
U.S. Patent 9,806,312 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A lithium ion battery, comprising: a battery housing; a battery cover assembled to the battery housing; and a pressure relief valve coupled to the battery housing and/or battery cover; | The Hithium 314Ah Cell is alleged to be a lithium-ion battery with a housing, cover, and a pressure relief valve coupled to the cover. | ¶¶71-74 | col. 4:59-63 |
| ...wherein: the battery housing and/or the battery cover is assembled with a first safety device fixed to the pressure relief valve; | The Hithium 314Ah Cell allegedly includes a "first safety device" that is assembled with the cover and fixed to the pressure relief valve. A photograph depicts this assembly. Compl. ¶75 | ¶75 | col. 4:64-66 |
| the first safety device comprises a shielding plate facing the pressure relief valve, a side wall and an air flow channel structure; | The accused first safety device is alleged to comprise these three components. A photograph with labels points to a "shielding plate," a "side wall," and an "air flow channel structure" on the accused device. Compl. ¶76 | ¶76 | col. 5:1-3 |
| the side wall has a longitudinal axis and extends from the shielding plate and connects with the battery housing or the battery cover; | The complaint alleges the side wall of the accused safety device extends from the shielding plate and connects with the battery cover, as shown in a labeled photograph. | ¶77 | col. 5:4-7 |
| and the air flow channel structure is defined passing through the side wall along an axis perpendicular to the longitudinal axis. | The complaint alleges that the accused safety device has an air flow channel passing through the side wall perpendicular to its longitudinal axis. | ¶78 | col. 5:8-10 |
- Identified Points of Contention:
- Scope Questions: The definition of "first safety device" as a multi-part component will be critical. A central question may be whether the accused component Compl. ¶76 is a single, integrated piece that performs these functions or if it constitutes the distinct "shielding plate", "side wall", and "air flow channel structure" as separate but related elements required by the claim.
- Technical Questions: The claim requires the "air flow channel structure" to be defined "passing through the side wall". The infringement analysis will depend on evidence showing the precise path of gas flow in the accused device and whether it conforms to this geometric and functional limitation, as opposed to flowing around or adjacent to the side wall.
V. Key Claim Terms for Construction
U.S. Patent 9,614,211
- The Term: "mesh cover"
- Context and Importance: This term is the central novel element of claim 1. Its construction will determine whether a wide or narrow range of perforated structures placed over a relief valve can be found to infringe. Practitioners may focus on this term because the defendant could argue its component is merely a "grate" or "vent cover," not a "mesh" intended to perform the specific filtering function described in the patent.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claims do not specify the material or construction method of the "mesh cover", only that it has "through holes" of a certain size. This may support an interpretation covering any perforated cover that meets the size limitation.
- Evidence for a Narrower Interpretation: The specification repeatedly describes the function of the mesh cover as separating "high temperature solid particles" from the gas and vapor U.S. Patent 9,614,211, abstract U.S. Patent 9,614,211, col. 4:12-14 This functional language may support a narrower construction requiring the structure to be capable of and intended for filtering, not just venting. The patent also describes the cover as being made from "metal material" U.S. Patent 9,614,211, col. 4:46-48, which could be used to narrow the scope of materials.
U.S. Patent 9,806,312
- The Term: "air flow channel structure is defined passing through the side wall"
- Context and Importance: This limitation defines the specific gas-redirecting mechanism of the invention. The case may turn on whether the accused device's venting path is through the wall itself, as the claim language states, or merely adjacent to or guided by it. This distinction between "through" and "along" is a common point of contention in claim construction.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent does not define "through" in a restrictive way. A party could argue that any channel formed by the side wall that directs airflow qualifies, even if it is an open-sided channel rather than a fully enclosed passage. The term "structure" may suggest a feature that creates a channel, not necessarily a hole.
- Evidence for a Narrower Interpretation: The plain meaning of "passing through" suggests a passage or aperture within the material of the side wall itself, not an external channel. The figures appear to show openings within the side wall (U.S. Patent 9,806,312, FIG. 2, item 41; FIG. 5). The specification also refers to the channel as including an "opening, a through holes array or a notch" U.S. Patent 9,806,312, col. 2:41-43, suggesting a feature that penetrates the wall's surface.
VI. Other Allegations
- Indirect Infringement: For all asserted patents, the complaint alleges induced infringement under 35 U.S.C. § 271(b). The allegations are based on Defendant's alleged knowledge of the patents as of the complaint's filing date, and on affirmative acts to encourage infringement, such as creating marketing materials, distribution channels, and technical manuals that promote the use of the Accused Products in an infringing manner Compl. ¶¶62-63 Compl. ¶¶80-82 Compl. ¶¶99-101 Compl. ¶¶116-118 Compl. ¶¶132-133 Compl. ¶¶150-151 Contributory infringement under § 271(c) is also alleged, based on the sale of components that are a material part of the claimed inventions and not suitable for substantial non-infringing use Compl. ¶64 Compl. ¶83 Compl. ¶102 Compl. ¶119 Compl. ¶134 Compl. ¶152
- Willful Infringement: The complaint alleges that Defendant's infringement is willful based on its continued infringing conduct after receiving notice of the infringement via the filing of the complaint Compl. ¶65 Compl. ¶84 Compl. ¶103 Compl. ¶120 Compl. ¶135 Compl. ¶153
VII. Analyst’s Conclusion: Key Questions for the Case
A central issue will be one of technical implementation and equivalence: Does the assembly of components in the accused Hithium 314Ah cell—supported by photographic evidence in the complaint—perform the specific safety functions in the same way as required by the patents? This will involve detailed factual questions, such as whether the accused "mesh cover" ('211 patent) actually filters solid particles and whether the accused "safety device" ('312 patent) redirects gas flow in the claimed manner.
A second key question will concern definitional scope and claim construction: Can the structural terms in the patents, such as "mesh cover" ('211 patent), "first safety device" ('312 patent), "anti-puncture cushion" ('816 and '290 patents), and "absolute plastic deformation rate" ('927 patent), be interpreted to read on the specific designs and material properties of the accused Hithium products? The outcome of these claim construction battles will likely determine the scope of infringement.
An evidentiary question will focus on quantitative analysis: The complaint makes several allegations based on specific numerical ranges—such as hole area ('211 patent), plastic deformation rate ('927 patent), and particle-to-layer thickness ratio ('987 patent). The case will require factual development and expert testimony to determine if the accused products' measured characteristics fall within these claimed ranges, a dispute that appears to be at the heart of at least three of the asserted patents.