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Maxell v. Amperex Technology: US8691446 Battery Patent Appeal | PatSnap
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Case ID23-2256
FiledAug 2023
ClosedJan 2025
Patent Litigation

Maxell v. Amperex Technology: Federal Circuit Affirms Battery Patent Unpatentable

Maxell, Ltd. appealed an invalidity ruling over US8691446B2, a patent covering nonaqueous secondary battery technology, against Amperex Technology, Ltd. The Federal Circuit affirmed the finding of unpatentability, closing a 533-day appellate dispute and leaving Maxell’s battery IP claim extinguished.

Resolution time
533days
533 days — above median for Federal Circuit patent appeals, which typically close in 12–18 months
Patents asserted
1
US8691446B2 — nonaqueous secondary battery and method of use
Outcome
Unpatentable
Lower tribunal’s unpatentability finding upheld; no reversible error found by Federal Circuit
Cost ruling
N/A
No specific cost ruling recorded in the public case record
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

Federal Circuit shuts down Maxell’s nonaqueous battery patent appeal

Maxell, Ltd., a Japanese electronics and intellectual property licensing company and holder of US8691446B2, filed this appeal on August 9, 2023 at the Court of Appeals for the Federal Circuit (Case No. 23-2256), challenging a prior tribunal’s determination that the patent was unpatentable. The patent in question — US8691446B2, application number 11/976566 — covers a nonaqueous secondary battery and methods of using the same, a technology central to lithium-ion battery design and relevant across consumer electronics, electric vehicles, and energy storage sectors.

On January 23, 2025, the Federal Circuit issued its order affirming the unpatentability finding, bringing the case to a final close after 533 days. An affirmance at this level means the appellate panel found no reversible legal or factual error in the lower proceeding’s cancellation of the patent claims. For Maxell, this ruling extinguishes US8691446B2 as an enforceable asset. For Amperex Technology, Ltd., the decision provides definitive clearance from the specific claims at issue.

A 533-day appellate duration is consistent with — slightly above — the Federal Circuit’s typical resolution window, suggesting no extraordinary procedural complications, though the full briefing record is not public here. The affirmance on unpatentability grounds, rather than on procedural or standing bases, implies the panel engaged substantively with the patent’s claim validity. What remains unknown from the public record is whether specific prior art was dispositive, whether any claims survived, or whether Maxell has any further appellate avenue, such as en banc rehearing or certiorari petition.

Case at a glance
Case no.23-2256
PlaintiffMaxell, Ltd.
CourtCourt of Appeals for the Federal Circuit
JudgeN/A
FiledAugust 9, 2023
ClosedJanuary 23, 2025
Duration533 days
OutcomeUnpatentable
Verdict causePatentability
BasisUnpatentable
Prior Art Intelligence
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Case timeline

Filing to Unpatentable in 533 days

533 days — above median for Federal Circuit patent appeals, which typically close in 12–18 months

Case timeline: Appeal filed AUG 9 2023, MAY — 533 days total Horizontal timeline showing the three key events in Maxell, Ltd. v Amperex Technology, Ltd. from filing to resolution. Source: PACER, Court of Appeals for the Federal Circuit. AUG 9 2023 Appeal filed Pre-trial proceedings JAN 23 2025 Unpatentable 533 DAYS TOTAL
Court ruling

Federal Circuit affirms: what the unpatentability ruling means for both parties

Legal mechanism

Affirmance means the lower ruling stands without reversible error

When the Federal Circuit issues an affirmance, it confirms that the tribunal below — here, the proceeding determining unpatentability — committed no reversible legal or factual error. The court applies deferential standards to factual findings (substantial evidence) and de novo review to legal questions. An unpatentability affirmance means the patent’s claims fail to meet patentability requirements, and the Federal Circuit found no grounds to disturb that conclusion.

Appellate affirmance
Patent holder outcome

US8691446B2 is extinguished as an enforceable IP asset for Maxell

The affirmance of unpatentability is a terminal outcome for Maxell’s rights under US8691446B2. The patent can no longer be asserted in licensing negotiations or infringement proceedings based on these claims. Maxell’s remaining options are narrow: an en banc rehearing petition or a Supreme Court certiorari petition, both of which face steep odds. Strategically, this weakens Maxell’s battery IP portfolio in any sector where this patent was a licensing anchor.

Patent rights extinguished
Challenger outcome

Amperex gains definitive freedom from US8691446B2 claims

For Amperex Technology, the Federal Circuit’s affirmance provides the strongest available legal clearance: a final appellate ruling that the asserted patent is unpatentable. This removes US8691446B2 as a litigation and licensing threat across Amperex’s nonaqueous battery product lines. The decision is binding precedent at the Federal Circuit level, raising the bar significantly for any future challenge to this outcome.

Full clearance for Amperex
Commercial implications

Invalidated battery patent shifts competitive dynamics in lithium-ion sector

The cancellation of a nonaqueous secondary battery patent with origins in a 2007 application (US11/976566) removes a potential licensing tollgate from a technology now ubiquitous in electric vehicles, consumer devices, and grid storage. Competitors and suppliers operating in these spaces may now freely implement the claimed methods without licensing exposure to Maxell under this patent. The ruling also signals that the Federal Circuit will uphold rigorous patentability standards for foundational battery chemistry IP.

Licensing tollgate removed
Legal analysis based on PACER docket records for case 23-2256 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffMaxell, Ltd.CompanyJapanese IP licensing and electronics company — holder of US8691446B2 nonaqueous battery patentSearch in Eureka ↗
DefendantAmperex Technology, Ltd.CompanyAmperex Technology, Ltd. — major lithium-ion battery manufacturer and technology developerSearch in Eureka ↗
Plaintiff counselCorbin CessnaAttorneyCounsel for Maxell, Ltd.Search in Eureka ↗
Plaintiff counselEric Joseph KleinAttorneyCounsel for Maxell, Ltd.Search in Eureka ↗
Plaintiff counselErik ShallmanAttorneyCounsel for Maxell, Ltd.Search in Eureka ↗
Plaintiff counselHilary L. PrestonAttorneyCounsel for Maxell, Ltd.Search in Eureka ↗
Plaintiff counselJeffrey TaHwa HanAttorneyCounsel for Maxell, Ltd.Search in Eureka ↗
Plaintiff counselPaige Holland WrightAttorneyCounsel for Maxell, Ltd.Search in Eureka ↗
Plaintiff law firmVinson & Elkins LLPLaw FirmRepresenting Maxell, Ltd.Search in Eureka ↗
Defendant counselBrady CoxAttorneyCounsel for Amperex Technology, Ltd.Search in Eureka ↗
Defendant counselChristopher Timothy Lawn DouglasAttorneyCounsel for Amperex Technology, Ltd.Search in Eureka ↗
Defendant counselKirk T. BradleyAttorneyCounsel for Amperex Technology, Ltd.Search in Eureka ↗
Defendant counselNicholas Christopher MaraisAttorneyCounsel for Amperex Technology, Ltd.Search in Eureka ↗
Defendant law firmAlston & Bird, LLPLaw FirmRepresenting Amperex Technology, Ltd.Search in Eureka ↗
Presiding judgeJudge N/AJudgeCourt of Appeals for the Federal CircuitSearch in Eureka ↗
Official verdict

Official order — verbatim text

“THIS CAUSE having been considered, it is ORDERED AND ADJUDGED: AFFIRMED”
Source: PACER Docket, Case 23-2256, Court of Appeals for the Federal Circuit

The Federal Circuit’s order — ‘AFFIRMED’ on patentability grounds, with basis of termination recorded as ‘Unpatentable’ — is unambiguous: the panel found no reversible error in the lower tribunal’s cancellation of US8691446B2’s claims. The court applies a substantial evidence standard to factual patentability findings and de novo review to legal conclusions. An affirmance on unpatentability, rather than on procedural grounds, indicates substantive engagement with the patent’s validity. This forecloses the patent as an enforceable right absent successful en banc or Supreme Court review.

PACER case 23-2256 · Public docket record Explore in Eureka ↗
Patent at issue

US8691446B2 — Nonaqueous secondary battery and method of use

Publication No.US8691446B2
Application No.US11/976566
Patent details
ProductNonaqueous secondary battery and method of using the same
Cited in actionAugust 9, 2023

US8691446B2, filed under application number US11/976566, protects a nonaqueous secondary battery and associated methods of use — technology at the core of modern lithium-ion battery design. Nonaqueous (or non-aqueous) electrolyte systems are foundational to high-energy-density rechargeable batteries used across consumer electronics, electric vehicles, and stationary energy storage. The application’s filing period (mid-2000s) places it within a generation of fundamental battery chemistry patents that underpinned the commercialisation of portable and automotive lithium-ion cells.

The strategic importance of US8691446B2 lies in its potential breadth: a patent covering a battery type and method of use — rather than a narrow component — can function as a licensing tollgate across multiple downstream product categories. Maxell’s assertion against Amperex Technology, one of the world’s largest lithium-ion battery manufacturers, reflects the commercial stakes. With the patent now affirmed as unpatentable, competitors in the nonaqueous battery space should verify related family patents in Maxell’s portfolio, as continuation or divisional claims may cover overlapping technical ground.

Patent data sourced from USPTO via PatSnap Eureka patent database Search patent records in Eureka ↗
Freedom to operate

Should you run an FTO against US8691446B2?

Any company designing, manufacturing, or importing nonaqueous secondary batteries — including lithium-ion cells for consumer electronics, EVs, or grid storage — should assess whether US8691446B2 or related family members affect their product lines. While this specific patent has been affirmed unpatentable, Maxell’s portfolio may include continuation patents with overlapping claims. R&D and product teams should not treat a single invalidated patent as full portfolio clearance without a thorough family search.

PatSnap Eureka’s FTO Search Agent allows IP and engineering teams to map the full patent family around US8691446B2, identify surviving claims across related applications, and benchmark against prior art that proved dispositive in this Federal Circuit proceeding. With Eureka, you can run a targeted freedom-to-operate analysis against Maxell’s broader nonaqueous battery portfolio and receive a structured risk assessment — before a dispute arises.

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Related litigation

Similar Federal Circuit appeals in nonaqueous battery patent validity

Cases before the Federal Circuit involving unpatentability challenges to lithium-ion and nonaqueous battery technology, including appeals from PTAB proceedings.

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Maxell, Ltd. patent enforcement history, Court of Appeals for the Federal Circuit case history, Maxell, Ltd.’s full IP portfolio, and comparable case analysis
Lithium-ion battery IPR appealsMaxell portfolio litigation historyAmperex Technology IP disputesBattery patent PTAB outcomes
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Strategic implications

What this case signals for the lithium-ion battery IP landscape

A Federal Circuit unpatentability affirmance on core battery technology has downstream consequences for licensing strategy, FTO clearance, and portfolio valuation across the energy storage sector.

Legacy battery patents face heightened invalidity risk at the Federal Circuit

US8691446B2’s cancellation — affirmed at the appellate level — suggests that older nonaqueous battery patents, many filed in the mid-2000s, remain vulnerable to validity challenges as prior art pools deepen. IP teams holding or licensing such patents should audit claim scope and prior art exposure before pursuing enforcement.

Amperex’s successful defense clarifies FTO for nonaqueous battery methods

Manufacturers and developers working with nonaqueous secondary battery technology can treat US8691446B2 as a cleared risk following this affirmance. However, Maxell’s broader portfolio likely contains related patents, and companies should verify that related family members or continuations are not in force before assuming full clearance.

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Frequently asked questions

Maxell v Amperex — key questions answered

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Monitor battery patent risk before it reaches litigation

The invalidation of US8691446B2 removes one risk, but Maxell’s portfolio and related battery patents remain active. Use PatSnap Eureka to track patent family exposure, run FTO searches, and monitor Federal Circuit appeal outcomes in the battery technology space.

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