By Eric Schweibenz
On April 28, 2015, ALJ Thomas B. Pender issued Order No. 6 in 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 (Inv. No. 337-TA-951).

By way of background, this investigation is based on a February 20, 2015 complaint filed by BASF Corp. and UChicago Argonne LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain lithium metal oxide cathode materials, lithium-ion batteries containing same, and products with lithium-ion batteries containing same that infringe one or more claims of U.S. Patent Nos. 6,677,082 and 6,680,143.  See our February 23, 2015 and April 1, 2015 posts for more details on the complaint and notice of investigation, respectively.

In Order No. 6, ALJ Pender set the procedural schedule for the investigation and determined, inter alia, that the Markman hearing will take place on July 2, 2015; the evidentiary hearing will commence on October 26, 2015 and conclude no later than October 30, 2015; the initial determination will be issued on February 29, 2016; and the target date for completing the investigation (which is approximately fifteen months after institution of the investigation).