Maxell v. Amperex Technology: Four Lithium-Ion Battery Patents, Dismissed With Prejudice
Maxell, Ltd. asserted four US lithium-ion battery patents against Amperex Technology Limited (ATL), targeting cells used in Google Pixel smartphones, DJI drones, Dell notebooks, and Huawei tablets. After 1,495 days of litigation before Judge Alan Albright in the Western District of Texas, both parties stipulated to dismiss all claims with prejudice — ending enforcement rights permanently on these patents against ATL.
A Four-Year Battery Patent War Ends at the Stipulation Line
Maxell, Ltd., the Japanese electronics and intellectual property company, filed suit against Amperex Technology Limited (ATL) on April 8, 2021, in the Western District of Texas before Judge Alan Albright — then the most popular venue for patent plaintiffs in the US. Maxell asserted four patents covering lithium-ion battery technology: US8691446B2, US9166251B2, US9077035B2, and US9350019B2. ATL’s accused cells — including Cell Nos. 465867, 575577N, 785075, 633360, and 2798B7 — were alleged to power devices ranging from Google Pixel 3a smartphones and Huawei MediaPad M5 Lite tablets to DJI Mavic and DJI Spark drones and Dell Alienware notebook battery packs.
The case closed on May 12, 2025, when Maxell and ATL jointly filed a stipulation of dismissal under Fed. R. Civ. P. 41(a)(1)(A)(ii). Critically, all claims asserted by Maxell — and counterclaims by ATL — were dismissed with prejudice, while all affirmative defenses were dismissed without prejudice. Dismissal with prejudice is a final adjudication on the merits: Maxell cannot re-file these specific claims against ATL on the same patents, effectively ending the enforcement action permanently. The without-prejudice carve-out for defenses preserves ATL’s ability to raise invalidity and other defenses in future proceedings involving these patents.
The 1,495-day duration — more than four years — is notable even by complex patent litigation standards, suggesting the parties engaged in substantial claim construction, discovery, and potentially IPR proceedings before reaching resolution. The stipulated dismissal with prejudice, without any public damages award or licensing disclosure, is strongly consistent with a confidential settlement in which ATL took a license or Maxell received consideration. The public record is silent on financial terms. What remains unknown is whether any inter partes review proceedings on these four battery patents influenced the decision to resolve — a common dynamic in multi-patent cases of this complexity and duration.
Filing to Dismissed with Prejudice in 1495 days
1,495 days — over four years, well above median patent case duration in W.D. Tex.
Dismissed with prejudice: what the stipulation means for both parties
Rule 41(a)(1)(A)(ii) stipulated dismissal with prejudice
A dismissal with prejudice under Fed. R. Civ. P. 41(a)(1)(A)(ii) is a final, court-binding termination of the claims. Both parties signed the stipulation, so no judicial approval was required. The ‘with prejudice’ designation means Maxell’s patent infringement claims against ATL on these four patents are extinguished — the same claims cannot be re-filed in any court. It functions as a final adjudication on the merits for res judicata purposes.
Permanent claim barMaxell forfeits the right to re-assert these claims against ATL
By stipulating to dismissal with prejudice, Maxell permanently surrenders the right to sue ATL again on these four lithium-ion battery patents for the same accused products and conduct. While Maxell retains its patents and may assert them against other defendants, the enforcement window against ATL is closed. This outcome is consistent with a negotiated resolution — likely a license or covenant not to sue — in which Maxell received consideration in exchange for the permanent bar.
Enforcement rights against ATL extinguishedATL secures permanent protection from these Maxell claims
ATL emerges with a permanent shield against re-litigation of these specific claims. The without-prejudice dismissal of ATL’s defenses — including invalidity — means ATL did not formally concede the patents’ validity; it simply chose not to press those defenses to judgment. Should Maxell assert these patents against third parties, ATL’s prior litigation position could still be informative. However, ATL’s commercial exposure on these four patents, as asserted in this case, is conclusively resolved.
No re-litigation risk on these claimsBattery supply-chain IP enforcement signals persist across the sector
The dispute spans a broad product ecosystem — smartphones, drones, notebooks, tablets, wearables — reflecting how foundational lithium-ion battery patents can reach across entire downstream supply chains. OEMs sourcing ATL batteries should note that Maxell retains these patents and may assert them against other parties. The four-year duration and with-prejudice resolution suggest the patents were taken seriously by both sides, consistent with commercially significant IP rather than nuisance litigation.
Battery IP risk remains live for other OEMsFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Maxell, Ltd. | Company | Japanese IP licensing company — holder of US8691446B2 and three further lithium-ion battery patentsSearch in Eureka ↗ |
| Defendant | Amperex Technology, Ltd. | Company | Amperex Technology Limited (ATL) — major global lithium-ion battery manufacturer supplying consumer electronics and drone OEMsSearch in Eureka ↗ |
| Plaintiff counsel | Corbin J. Cessna | Attorney | Counsel for Maxell, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Eric J. Klein | Attorney | Counsel for Maxell, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Erik Shallman | Attorney | Counsel for Maxell, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Hilary Lovett Preston | Attorney | Counsel for Maxell, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Jeffrey T. Han | Attorney | Counsel for Maxell, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Paige Holland Wright | Attorney | Counsel for Maxell, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Patrick Thomas Wroe | Attorney | Counsel for Maxell, Ltd.Search in Eureka ↗ |
| Plaintiff law firm | Vinson & Elkins LLP | Law Firm | Representing Maxell, Ltd.Search in Eureka ↗ |
| Defendant counsel | Andrea L. Fair | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Brian Prew | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Charles Everingham, IV | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Claire Abernathy Henry | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Craig A. Duewall | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | David S. Bloch | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Erik Michael Weber | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Harold Davis | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | James Joseph DeCarlo | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Joseph William Shaneyfelt | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Nigamnarayan Acharya | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Rose Cordero Prey | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Soyeon Jeong | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Wen Xue | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant counsel | Yang Liu | Attorney | Counsel for Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant law firm | Greenberg Traurig PA | Law Firm | Representing Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant law firm | Miller Fair Henry PLLC | Law Firm | Representing Amperex Technology, Ltd.Search in Eureka ↗ |
| Defendant law firm | Optimal Counsel, LLP | Law Firm | Representing Amperex Technology, Ltd.Search in Eureka ↗ |
| Presiding judge | Judge Alan D Albright | Judge | Texas Western District CourtSearch in Eureka ↗ |
Official order — verbatim text
The stipulation’s precise language is legally significant: claims are dismissed ‘with prejudice’ while defenses are dismissed ‘without prejudice.’ This asymmetry is deliberate — Maxell permanently waives re-assertion of these specific infringement claims against ATL, creating a res judicata bar, while ATL preserves the right to raise invalidity and other defenses in any future proceeding involving these patents. The joint filing under Rule 41(a)(1)(A)(ii) required no court approval, suggesting both parties were fully aligned on terms — consistent with a negotiated resolution. No damages figure or royalty rate appears in the public record.
US8691446B2 — Lithium-Ion Battery Technology (Lead Patent)
The four asserted patents — US8691446B2, US9166251B2, US9077035B2, and US9350019B2 — cover aspects of lithium-ion battery technology, including cell construction, electrode compositions, and related electrochemical innovations. These patents derive from US application families filed across different priority periods, reflecting iterative development of battery technology by Maxell (formerly Hitachi Maxell). Lithium-ion battery patents of this type typically protect core cell-level innovations that are foundational to rechargeable battery performance in portable electronic devices.
Lithium-ion battery patents sit at a critical junction in the electronics supply chain: a single cell design may be incorporated into dozens of downstream products across multiple OEM customers. Maxell’s strategy of asserting these patents against ATL — one of the world’s largest lithium-ion battery manufacturers supplying Apple, Google, Huawei, DJI, and others — suggests the portfolio is positioned to extract value at the component level rather than the device level. For competitors and OEMs alike, these patents represent ongoing enforceability risk, particularly given Maxell’s demonstrated willingness to sustain four-year litigation campaigns.
Should you run an FTO against US8691446B2 and the Maxell battery portfolio?
Any company designing, sourcing, or distributing lithium-ion battery cells or battery-powered devices in the US market should treat the Maxell portfolio as a live enforcement risk. The accused products in this case ranged from smartphone batteries (Google Pixel 3a) to drone cells (DJI Mavic, DJI Spark), notebook battery packs (Dell Alienware), and tablet cells (Huawei MediaPad M5 Lite) — covering virtually every major portable electronics category. If your product uses lithium-ion cells from ATL or technically similar suppliers, an FTO review against US8691446B2, US9166251B2, US9077035B2, and US9350019B2 is a commercially prudent step before US market entry.
PatSnap Eureka’s FTO Search Agent can map each of the four Maxell battery patents against your specific cell specifications, electrode chemistry, and product architecture. Eureka identifies relevant claim limitations, surfaces prosecution history file wrappers, and flags continuation applications that may extend Maxell’s enforcement reach beyond these four granted patents. For supply-chain IP teams, Eureka’s portfolio monitoring tools can alert you to new Maxell filings in the lithium-ion battery space before they reach litigation stage.
Run a freedom-to-operate analysis on US8691446B2 to assess your product’s exposure
Run FTO in Eureka →Similar Lithium-Ion Battery Patent Cases in W.D. Texas and Beyond
Explore related patent infringement actions involving lithium-ion battery technology and energy storage IP asserted in the Western District of Texas and comparable US venues.
Related patent case — similar technology
Comparable case in the same technology domain. Patent holder and defendant reached resolution after proceedings.
SettledRelated infringement action — same court
Comparable “smartphones, tablets and notebooks OEMs, drones, robots and power tools specialists, VR/AR vanguards and various wearable and smart home technology trailblazers[.]” See https://www.atlbattery.com/en/about.html. For example, ATL’s Cell Nos. 465867, 575577N, 785075, 633360, and 2798B7 are among the Infringing lithium-ion batteries and are utilized in at least the Google Pixel 3a, Dell d/b/a Alienware Type 44T2R notebook battery, DJI Mavic, DJI Spark, and Huawei MediaPad M5 Lite-adjacent infringement action. Patent enforcement dynamics analysed in depth.
Active · District CourtRelated invalidity challenge — appellate outcome
Combined invalidity and infringement action in the same technology space. Decided after substantive proceedings.
DecidedMaxell, Ltd.’s broader IP enforcement history
Maxell, Ltd.’s full litigation history covering prior enforcement, licensing activity, and inter partes review proceedings.
Portfolio viewWhat this case signals for the lithium-ion battery IP landscape
A four-year, multi-patent battery dispute ending in a with-prejudice stipulation carries clear signals for the broader energy storage and consumer electronics IP market.
OEMs sourcing ATL batteries should audit their own patent exposure
The accused ATL cells appeared in products from Google, Dell, DJI, and Huawei. While ATL itself is now shielded from these claims, downstream OEMs are not party to this stipulation. Maxell retains all four patents and may pursue product-level or OEM-level assertions separately. A freedom-to-operate review against US8691446B2 and its co-asserted patents is advisable for any company using ATL or similar lithium-ion cells in US-marketed devices.
With-prejudice dismissals after 4+ years strongly suggest a licensing outcome
When sophisticated parties litigate for over 1,495 days and then stipulate to a with-prejudice dismissal — with no public damages verdict — the most commercially rational explanation is a confidential license or settlement payment. IP teams benchmarking Maxell’s licensing posture should treat this resolution as evidence that Maxell actively monetises its battery portfolio and negotiates rather than seeks jury verdicts.
Judge Albright’s W.D. Tex. docket shapes how battery IP disputes proceed
Cases before Judge Albright historically move on aggressive schedules, creating settlement pressure early. The four-year duration here — unusually long for his docket — suggests significant procedural complexity, possibly including PTAB proceedings or claim construction battles that delayed resolution. Competitors defending battery IP claims in W.D. Tex. should anticipate early Markman hearings and limited discovery extensions.
Maxell’s multi-patent battery assertion strategy signals broader licensing campaign
Asserting four patents simultaneously across a wide product ecosystem — drones, smartphones, notebooks, wearables — is a licensing-campaign hallmark. Maxell’s IP monetisation arm has pursued similar strategies across consumer electronics. Companies in adjacent battery-powered product categories should monitor Maxell’s patent portfolio for continuation filings and new assertion targets, particularly in the lithium-ion anode and electrolyte formulation spaces.
Maxell v Amperex — key questions answered
Dismissal with prejudice means Maxell permanently relinquished the right to re-assert its four lithium-ion battery patent claims against ATL. The stipulation under Rule 41(a)(1)(A)(ii) operates as a final adjudication on the merits for res judicata purposes, barring re-filing of the same claims in any US court.
Maxell asserted four patents: US8691446B2, US9166251B2, US9077035B2, and US9350019B2 — all covering aspects of lithium-ion battery cell technology. The accused ATL cells were alleged to be used in Google Pixel 3a, Dell Alienware notebooks, DJI Mavic and Spark drones, and Huawei MediaPad M5 Lite tablets.
No court-issued merits ruling was entered. The parties filed a joint stipulation of dismissal — the standard vehicle for formalising a settlement — with all claims dismissed with prejudice and all defenses dismissed without prejudice. The financial terms, if any, were not disclosed in the public record. The structure is strongly consistent with a confidential licensing or settlement agreement.
ATL’s invalidity and other affirmative defenses were dismissed without prejudice, meaning ATL did not formally concede that Maxell’s four battery patents are valid. This carve-out preserves ATL’s ability to challenge patent validity in future proceedings — for example, through inter partes review at the PTAB — if Maxell were to assert these patents in a different context.
Judge Albright in the Waco Division of W.D. Texas became the most-selected patent venue in the US from 2019 onward due to his plaintiff-friendly scheduling orders and willingness to keep cases in his court. His docket typically moves on tight schedules. The unusually long 1,495-day duration in this case suggests substantial procedural complexity — possibly including PTAB proceedings or extended claim construction briefing — before the parties reached their stipulated resolution.
Monitor Maxell’s Battery Patent Portfolio Before It Reaches Your Products
The four Maxell lithium-ion battery patents asserted in this case remain enforceable against third parties. Use PatSnap Eureka to track new Maxell filings, map claim scope against your cell specifications, and run an automated FTO before US market entry.
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