The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same.  The products at issue in the investigation are lithium transition metal oxide cathode materials used in certain lithium-ion batteries.  Also at issue in the investigation are lithium-ion batteries for power tools containing lithium transition metal oxide cathode materials and power tools with lithium-ion batteries containing lithium transition metal oxide cathode materials.

The investigation is based on a complaint filed by BASF Corporation of Florham Park, NJ, and UChicago Argonne LLC, of Lemont, IL, on February 20, 2015.  The complaint was supplemented on March 13, 2015.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same that infringe patents asserted by the complainants.  The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

Umicore N.V. of Brussels, Belgium;
Umicore USA Inc. of Raleigh, NC;
Makita Corporation of Aichi, Japan;
Makita Corporation of America of Buford, GA; and
Makita U.S.A. Inc. of La Mirada, CA.

By instituting this investigation (337-TA-951), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.