LG takes EVE Energy patent fight to US court, trade commission

LG Energy Solution has filed a US patent infringement lawsuit against Chinese battery manufacturer EVE Energy and asked the US ITC to block imports of allegedly infringing battery products. 

The South Korean battery producer filed the federal lawsuit on July 21 in the US District Court for the Eastern District of Texas. The case also names several downstream power-tool companies that allegedly import or sell products incorporating EVE cells, including Bosch, Koki Holdings and Chervon-related entities. 

In parallel, LG Energy Solution submitted a complaint to ITC seeking the opening of an investigation under Section 337 of the US Tariff Act. The filing requests an exclusion order covering the accused battery products and downstream products containing them. 

The ITC had not publicly announced the formal institution of an investigation at the time of writing. Filing a complaint does not itself constitute a finding of infringement or automatically trigger an import ban. 

According to LG Energy Solution and Tulip Innovation, the dispute covers five US patents. Four relate to cylindrical battery technologies, including tabless cell structures, while the fifth concerns separator technology. Tulip said the asserted portfolio also covers cell-safety features. 

Tabless designs replace or reduce the use of conventional discrete tabs by connecting a larger part of the electrode edge to the current collector. This can lower internal resistance, improve heat distribution and support higher power output in cylindrical cells. 

It is noteworthy that available filings do not suggest that EVE’s large-format energy storage cells are directly covered by the dispute. 

Tulip Innovation administers a lithium-ion battery licensing program combining intellectual property from LG Energy Solution and Panasonic Energy. It says the portfolio contains more than 5,000 patents from over 1,500 patent families. 

EVE Energy responded in a July 24 China stock exchange announcement. The Shenzhen-listed company said it had not yet received formal legal documents from either the Texas court or the ITC. 

“EVE Energy believes that it has not infringed any of the patents asserted by the other party,” the company said, citing an internal review of the relevant technologies and patent claims. 

It added that it would “assemble a professional legal team and actively respond to the case” under US legal procedures. 

EVE said it has filed more than 17,000 patent applications worldwide, including over 3,000 related to cylindrical batteries. 

The most immediate risk is to EVE’s cylindrical-cell business and its relationships with US power-tool customers. If the ITC institutes the investigation and ultimately finds a violation, it could issue an exclusion order preventing the affected cells and products containing them from entering the United States. A cease-and-desist order could also restrict sales from existing US inventory. 

The federal court case could separately expose EVE to damages or an injunction. Even before a ruling, the proceedings may increase legal costs and encourage customers to review alternative suppliers. 

The final commercial impact remains uncertain. EVE denies infringement, the ITC has not ruled on whether to open the investigation, and the validity and scope of the asserted patents are likely to become central issues in the dispute.