Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 1 of 34 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No.
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`JURY DEMAND
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`MOLECULAR REBAR DESIGN,
`LLC AND BLACK DIAMOND
`STRUCTURES, LLC,
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`Plaintiffs,
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`v.
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`LG CHEM, LTD., LG ENERGY
`SOLUTION, LTD., LG ENERGY
`SOLUTION MICHIGAN, INC., AND
`LG ELECTRONICS, INC.,
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`
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`Defendants.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`NATURE OF ACTION
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`1.
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`Plaintiffs Molecular Rebar Design, LLC and Black Diamond Structures, LLC
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`(collectively, “Plaintiffs”) file this Complaint for patent infringement under 35 U.S.C. § 271
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`against LG Chem, Ltd., LG Energy Solution, Ltd., LG Energy Solution Michigan, Inc., and LG
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`Electronics, Inc. (collectively, “Defendants”) and allege as follows:
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`OVERVIEW
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`2.
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`This is an action for infringement of U.S. Patent Nos. 8,475,961 (“the ’961 Patent”),
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`9,636,649 (“the ’649 Patent”), and 10,608,282 (“the ’282 Patent”) (collectively “the Asserted
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`Patents”) under the patent laws of the United States, 35 U.S.C. §§ 1, et seq.
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`3.
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`Molecular Rebar Design, LLC (“MRD”), formed in 2012 and based in Austin,
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`Texas, along with its affiliated predecessors going back to in or around 2009, recognized that there
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`was a significant gap between the theoretical performance of carbon nanotubes (CNTs) and their
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`commercial viability because of their poor dispersibility. MRD has bridged that gap with unique
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`capabilities to provide discrete, and optionally surface tailored carbon nanotubes.
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`4.
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`MRD, with
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`its extensive
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`laboratory capabilities and multi-disciplinary
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`nanotechnology expertise, has developed and commercialized a breakthrough form of modified
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`CNTs called MOLECULAR REBAR® materials. These are the world’s first CNTs that were
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`substantially disentangled from the usual clumping and individualized through patent-protected
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`processes which enable significantly enhanced performance for a myriad of high-value materials.
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`MRD’s cutting-edge technologies are protected by over 35 U.S. patents and over 80 foreign
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`patents.
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`5.
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`Example of bundled, non-discrete, multi-walled carbon nanotubes:
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`6.
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`Example of disaggregated, de-bundled, discrete, exfoliated multi-walled carbon
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`nanotubes:
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`2
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`7.
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`Black Diamond Structures, LLC (“BDS”), formed in 2014, is a global
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`nanotechnology leader partnering with manufacturers to create next generation world-class
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`batteries. BDS’s products are based on MRD’s proprietary MOLECULAR REBAR® technology.
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`8.
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`MRD is owner of the Asserted Patents, and BDS has an exclusive license to the
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`Asserted Patents from MRD. MRD and BDS together possess all rights in the Asserted Patents to
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`bring this lawsuit and seek all relief and damages for the patent infringement alleged herein.
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`THE PARTIES
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`9.
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`MRD is a Delaware limited liability company with a principal place of business at
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`13477 Fitzhugh Rd, Austin, TX 78736.
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`10.
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`BDS is a Delaware limited liability company with a principal place of business at
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`12310 Trail Driver, Austin, TX 78737.
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`11.
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`On information and belief, Defendant LG Chem, Ltd. is a South Korean corporation
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`with its principal place of business at 128 Yeoui-daero, Yeongdeungpo-gu, Seoul 7336, South
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`Korea.
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`12.
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`On information and belief, Defendant LG Energy Solution, Ltd. (“LGES”) is a
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`corporation organized under the laws of South Korea, having a principal place of business at 108
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`Yeouidaero, Yeongdeungpo-gu, Seoul 07335, South Korea.
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`13.
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`On information and belief, Defendant LG Energy Solution Michigan, Inc.
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`(“LGESM”) is a corporation organized and existing under the laws of the State of Delaware and
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`maintains its principal place of business at 1 LG Way, Holland, Michigan 49423.
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`14.
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`On information and belief, LGESM is a wholly owned subsidiary of LGES and was
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`formerly named LG Chem Michigan, Inc., until its name was changed to LG Energy Solution
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`Michigan, Inc. on or about December 1, 2020.
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`15.
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`On information and belief, LGESM may be served with process through its
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`registered agent Corporation Service Company at 251 Little Falls Drive, Wilmington, Delaware
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`19808.
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`16.
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`Defendants LG Chem, Ltd., LG Energy Solution, Ltd., and LG Energy Solution
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`Michigan, Inc. are referred to collectively as “LG Chem.”
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`17.
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`On information and belief, Defendant LG Electronics, Inc. (“LGE”) is a South
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`Korean corporation with a principal place of business at LG Twin Towers, 128 Yeoui-daero,
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`Yeongdungpo-gu, Seoul, 07366, South Korea.
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`JURISDICTION AND VENUE
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`18.
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`This Court has exclusive subject matter jurisdiction over this case under 28 U.S.C.
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`§§ 1331 and 1338.
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`19.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391 and 1400(b). LG Chem,
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`Ltd., LG Energy Solution, Ltd., and LG Electronics, Inc. are foreign entities, and thus, venue is
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`proper in this judicial district. On information and belief, all of the Defendants have committed
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`acts of infringement in this judicial district and have purposefully transacted business involving
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`the accused products in the United States and this judicial district.
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`20.
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`This Court has personal jurisdiction over the Defendants because: (1) Plaintiffs’
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`claims arise in whole or in part from Defendants’ conduct in the State of Delaware; (2) LG Chem,
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`Ltd. has sought the protection and benefit from the laws of the State of Delaware and regularly
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`conducts business in the State of Delaware by incorporating subsidiaries, including LG Energy
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`Solution Michigan, Inc., in the State of Delaware; (3) all of the Defendants regularly conduct
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`business throughout the United States, including the State of Delaware, and contract to supply
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`services or things in Delaware; (4) all of the Defendants have contacts purposefully directed at the
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`United States and the State of Delaware and have continuous and systematic contacts with the
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`United States and the State of Delaware; (5) all of the Defendants have placed infringing products
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`into the stream of commerce through an established distribution channel with the expectation or
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`knowledge that they will be purchased by consumers in the United States and the State of
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`Delaware; and (6) all of the Defendants have caused tortious injury in the State of Delaware.
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`21.
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`Defendant LG Chem, Ltd. maintains a United States version of its website at
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`https://www.lgchem.com/us/main. On this website, LG Chem, Ltd. provides information
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`regarding its activities and products, including LG Chem, Ltd.’s Lithium Batteries, which include
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`the infringing batteries and systems. On information and belief, LG Chem, Ltd.’s website is
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`directed to marketing, offering for sale, and sales of its products and services in the United States
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`and in the State of Delaware.
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`22.
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`Defendant LG Electronics, Inc. maintains a United States version of its website at
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`https://www.lg.com/us. On this website, LG Electronics, Inc. provides information regarding its
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`activities and products. On information and belief, LG Electronics, Inc.’s website is directed to
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`marketing, offering for sale, and sales of its products and services in the United States and in the
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`State of Delaware.
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`23.
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`Defendant LG Energy Solution, Ltd. maintains an English version of its website at
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`https://www.lgensol.com/en. On this website, LGES provides information regarding its activities
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`and products, including information relating to its manufacturing facility in Holland, Michigan.
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`On information and belief, LGES’s website is directed to marketing, offering for sale, and sales of
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`its products and services in the United States and in the State of Delaware.
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`24.
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`Defendants LG Chem, Ltd., LG Energy Solution, Ltd., and LG Electronics, Inc.
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`have also derived benefits from the laws of the United States. For example, Defendants LG Chem,
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`Ltd., LG Energy Solution, Ltd., and LG Electronics, Inc. have filed litigations in the United States,
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`including based on claims for patent infringement. On information and belief, Defendants LG
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`Chem, Ltd., LG Energy Solution, Ltd., and LG Electronics, Inc. derive substantial revenues from
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`their regularly conducted business activities throughout the United States and the State of
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`Delaware. On information and belief, Defendants LG Chem, Ltd., LG Energy Solution, Ltd., and
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`LG Electronics, Inc. receive substantial revenue from their activities and the activities of their U.S.
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`subsidiaries in the United States. On information and belief, Defendants LG Chem, Ltd., LG
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`Energy Solution, Ltd., and LG Electronics, Inc. are in regular contact with their subsidiaries and
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`affiliates in the United States and direct communication into the United States.
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`THE ASSERTED PATENTS
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`25.
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`On July 2, 2013, the United States Patent and Trademark Office duly and legally
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`issued
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`the ’961 Patent,
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`titled “HIGH PERFORMANCE ENERGY STORAGE AND
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`COLLECTION DEVICES CONTAINING EXFOLIATED MICROTUBULES AND
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`SPATIALLY CONTROLLED ATTACHED NANOSCALE PARTICLES AND LAYERS.” The
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`’961 Patent has a filing date of December 14, 2010 and claims benefit to a provisional filing date
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`filed on December 18, 2009. Plaintiffs own all rights to the ’961 Patent necessary to bring this
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`action, including the exclusive right to recover for past infringement. A true and correct copy of
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`the ’961 Patent is attached as Exhibit 1 hereto.
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`26.
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`The ’961 Patent describes energy storage or collection devices and methods for
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`making such devices having electrode materials containing exfoliated carbon nanotubes with
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`attached electro- or photoactive nanoscale particles or layers. The exfoliated carbon nanotubes and
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`attached nanoscale particles or layers may be fabricated by methods such as coating, solution or
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`casting or melt extrusion to form electrodes. Electrolytes may also be used for dispersing
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`nanotubes and also in a polymeric form to allow melt fabrication methods.
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`27.
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`On May 2, 2017, the United States Patent and Trademark Office duly and legally
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`issued
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`the ’649 Patent,
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`titled “DISPERSIONS COMPRISING DISCRETE CARBON
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`NANOTUBE FIBERS.” The ’649 Patent has a filing date of October 7, 2016 and a priority filing
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`date of December 14, 2010. Plaintiffs own all rights to the ’649 Patent necessary to bring this
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`action, including the exclusive right to recover for past infringement. A true and correct copy of
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`the ’649 Patent is attached as Exhibit 2 hereto.
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`28.
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`The ’649 Patent describes carbon nanotubes as composites with materials such as
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`elastomers, thermosets and thermoplastics or aqueous dispersions of open-ended carbon nanotubes
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`with additives. A further feature of this invention relates to the development of a concentrate of
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`carbon nanotubes with an elastomer wherein the concentrate can be further diluted with an
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`elastomer and other polymers and fillers using conventional melt mixing equipment.
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`29.
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`On March 31, 2020, the United States Patent and Trademark Office duly and legally
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`issued the ’282 Patent, titled “BINDERS, ELECTROLYTES AND SEPARATOR FILMS FOR
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`ENERGY STORAGE AND COLLECTION DEVICES USING DISCRETE CARBON
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`NANOTUBES.” The ’282 Patent has a filing date of January 26, 2018 and an effective filing date
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`of June 21, 2012. Plaintiffs own all rights to the ’282 Patent necessary to bring this action,
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`including the exclusive right to recover for past infringement. A true and correct copy of the ’282
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`Patent is attached as Exhibit 3 hereto.
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`30.
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`The ‘282 Patent describes in various embodiments an improved binder
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`composition, electrolyte composition and a separator film composition using discrete carbon
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`nanotubes. Their methods of production and utility for energy storage and collection devices, like
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`batteries, capacitors and photovoltaics, is described. The binder, electrolyte, or separator
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`composition can further comprise polymers. The discrete carbon nanotubes further comprise at
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`least a portion of the tubes being open ended and/or functionalized. The utility of the binder,
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`electrolyte or separator film composition includes improved capacity, power or durability in
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`energy storage and collection devices. The utility of the electrolyte and or separator film
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`compositions includes improved ion transport in energy storage and collection devices.
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`GENERAL ALLEGATIONS
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`Plaintiffs incorporate by reference the preceding paragraphs.
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`The products that infringe one or more claims of the Asserted Patents include but
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`31.
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`32.
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`are not limited to Defendants’ HG2, HG6, and MJ1 batteries (“Accused Products”). See, e.g.,
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`Exhibit 4 attached hereto (HG2 datasheet); Exhibit 5 attached hereto (HG6 datasheet); Exhibit 6
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`attached hereto (MJ1 datasheet).
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`33.
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`On information and belief, LG Chem has and continues to directly infringe one or
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`more claims of each of the Asserted Patents in violation of 35 U.S.C. § 271(a).
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`34.
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`On information and belief, LG Chem has and continues to indirectly infringe and/or
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`contribute to the infringement of one or more claims of each of the Asserted Patents in violation
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`of 35 U.S.C. § 271 (b) and (c) at least based on its activities in Michigan.
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`35.
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`On information and belief, LGE has and continues to directly and indirectly infringe
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`one or more claims of each of the Asserted Patents in violation of 35 U.S.C. §§ 271(a), (b), and
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`(c).
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`36.
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`Defendants are knowledgeable about the Asserted Patents and their infringing acts
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`at least as of the date on which they are properly served with this Complaint.
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`37.
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`Defendants’ acts of infringement have caused damage to Plaintiffs. Plaintiffs are
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`entitled to recover from Defendants the past damages sustained by Plaintiffs as a result of
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`Defendants’ wrongful acts in an amount to be proven at trial. In the event Defendants are not
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`enjoined from future infringing activity, Plaintiffs are also entitled to recover from Defendants a
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`compulsory future royalty payable on each infringing product made, used, or sold by Defendants
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`following trial or that is not captured in the damages awarded to Plaintiffs.
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`CLAIMS FOR PATENT INFRINGEMENT
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`Plaintiffs incorporate by reference the preceding paragraphs.
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`Plaintiffs identify below exemplary claims of the Asserted Patents to demonstrate
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`38.
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`39.
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`infringement by exemplary products. However, the selection of exemplary claims and exemplary
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`products should not be considered limiting, and additional infringing products and infringed claims
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`of the Asserted Patents will be disclosed in compliance with the Court’s rules related to
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`infringement contentions as discovery progresses.
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`COUNT I: INFRINGEMENT OF THE ’961 PATENT
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`Plaintiffs incorporate by reference the preceding paragraphs.
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`On information and belief, LGE directly infringes, induces the infringement of, and
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`40.
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`41.
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`contributes to the infringement of one or more claims of the ’961 Patent, including at least claim
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`1, either literally or under the doctrine of equivalents.
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`42.
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`On information and belief, LGE directly infringes the ’961 Patent by, for example,
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`assembling, or causing to have assembled, one or more of the Accused Products for use in third
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`party electric vehicles.
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`43.
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`On information and belief, LGE induces the infringement of the ’961 Patent by
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`third parties, including without limitation automobile manufactures or other device makers, by
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`actively encouraging third parties to make, use, offer to sell, sell, or import into the United States,
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`for example, electric vehicles or other consumer electronics containing the infringing battery
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`technologies. For example, LGE instructs, offers, or encourages third party automobile
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`manufacturers to use one or more of the Accused Products in electric vehicles.
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`44.
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`On information and belief, LGE contributes to the infringement of the ’961 Patent
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`by offering to sell or selling within the United States or importing into the United States infringing
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`battery technologies for use in at least electric vehicles or other consumer electronics sold in the
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`United States, knowing the infringing battery technologies to be especially-made components that
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`have no substantial non-infringing use.
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`45.
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`On information and belief, LG Chem at least induces the infringement of one or
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`more claims of the ’961 Patent, including at least claim 1, either literally or under the doctrine of
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`equivalents.
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`46.
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`On information and belief, LG Chem induces LGE to infringe the ’961 Patent by
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`instructing, offering, and encouraging LGE to use LG Chem’s infringing battery technologies in
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`LGE products.
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`47.
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`On information and belief, LG Chem designs battery cells for the United States EV
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`market and competes for business that it knows is directed to downstream products designated for
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`the United States market. For example, LGES maintains a website specifically tailored for the
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`United States and notes that it supplies automotive batteries for automobiles that are sold and
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`offered for sale in the United States. See https://www.lgensol.com/en/business-automotive-battery
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`(last accessed August 10, 2022).
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`48.
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`On information and belief, LG Chem has directly infringed and/or contributed to
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`the infringement of, and will continue to infringe and/or contribute to the infringement of, one or
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`more claims of the ’961 Patent at least based on its activities in Michigan. See, e.g., LG Chem, Ltd.
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`v. SK Innovation Co., Ltd., 1:19-cv-00776 (D. Del. April 29, 2019), Complaint, ¶ 29 (“LGCMI
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`also has research and development, testing and engineering, manufacturing, sales and marketing,
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`and business offices in Troy, Michigan, where it has invested many millions of dollars and employs
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`hundreds of workers. Through its facilities in Michigan, LGC supplies millions of battery cells
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`each year to automotive manufacturers including General Motors and Chrysler.”); LG Energy
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`Solution, Ltd. et al. v. SK Innovation Co., Ltd. et al., 19-cv-1805-CFC, D.I. 12-1 (D. Del. Jan. 5,
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`2021) (“LGES has extensive involvement in the U.S. market with its innovative battery
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`technology. In fact, LGES and its subsidiary LG Energy Solution Michigan [,] Inc. [ ] supply,
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`through plants in Michigan[,] millions of battery cells to U.S. companies like General Motors and
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`Chrysler. For example, LGESMI has invested hundreds of millions of dollars in a facility in
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`Holland, Michigan, which employs hundreds of workers making lithium-ion batteries for electric
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`vehicles (EVs).”).
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`49.
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`Further, on information and belief, LG Chem contributes to the infringement of the
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`’961 Patent by offering to sell or selling within the United States or importing into the United
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`States infringing battery technologies for use in at least electric vehicles or other consumer
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`electronics sold in the United States, knowing the infringing battery technologies to be especially-
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`made
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`components
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`that
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`have
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`no
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`substantial
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`non-infringing
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`use.
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`See,
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`e.g.,
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`https://www.lgchem.com/company/company-information/global-network/overseas-
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`corporation/america (last accessed August 29, 2022).
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`50.
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`Defendants are knowledgeable about the ’961 Patent and infringing acts alleged
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`herein at least as of the date on which they are served with this Complaint.
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`51.
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`Defendants’
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`infringing acts have been without
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`the permission, consent,
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`authorization, or license of Plaintiffs.
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`52.
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`Claim 1 of the ’961 Patent recites as follows:
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`1. An energy storage and collection device comprising:
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`a) at least two electrodes;
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`b) at least one of the electrodes containing carbon or mineral nanotubes that have
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`been exfoliated from their as-synthesized state and have attached electroactive or
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`photo active nanoscale particles or layers;
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`c) at least two current collectors, each in contact with an electrode, or the electrode
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`also functions as the current collector; and
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`d) optionally an insulator.
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`53.
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`54.
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`Defendants, by the Accused Products, infringe at least claim 1 of the ’961 Patent.
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`Each of the Accused Products is an energy storage and collection device.
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`LG HG2
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`LG HG6
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`LG MJ1
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`55.
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`The Accused Products have at least two electrodes, namely, for example, cathode
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`active materials laminated on to aluminum current collectors and anode active materials laminated
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`on to copper current collectors, with tabs protruding from opposite ends of the cylinder.
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`LG HG2
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`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 14 of 34 PageID #: 14
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`LG HG6
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`LG MJ1
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`56.
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`At least one of the electrodes of each of the Accused Products contain carbon or
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`mineral nanotubes (reflected by the blue highlighted regions in the below scanning electron
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`microscope (SEM) images).
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`Case 1:22-cv-01130-UNA Document1 Filed 08/29/22 Page 15 of 34 PagelD #: 15
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`LG HG2
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`1pm
`SEM
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`ID1_Cath 7/7/2021
`WD 9.9mm 11:10:58
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`LG HG6
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`WD 10.0mm 10:52:18
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`x10,000
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`5.0kV LED
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`¥
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`BS ge
`ID2_Cath 7/14/2021
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`15
`15
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`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 16 of 34 PageID #: 16
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`LG MJ1
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`57.
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`The aforementioned CNTs of the Accused Products have been exfoliated (de-
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`aggregated, separated, individualized) as shown by the white circled regions in the below SEM
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`images.
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`LG HG2
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`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 17 of 34 PageID #: 17
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`LG HG6
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`LG MJ1
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`58.
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`The aforementioned CNTs have attached electroactive or photo active nanoscale
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`particles or layers as shown by the white circled regions in the below SEM images.
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`17
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`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 18 of 34 PageID #: 18
`Case 1:22-cv-01130-UNA Document1 Filed 08/29/22 Page 18 of 34 PagelD #: 18
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`LG HG2
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`WD 9.9mm 11:18:32 x20 ,000
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`x50, 000
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`5.0kV LED
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`100nm ID1_Cath 7/7/2021
`au
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`-
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`LG HG6
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`5.0KV LED
`
`
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`18
`18
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`

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`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 19 of 34 PageID #: 19
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`
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`LG MJ1
`
`59.
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`The Accused Products have at least two current collectors – e.g., the anode (copper,
`
`
`
`orange/shiny) and the cathode (aluminum, silver/shiny).
`
`LG HG2
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`19
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`

`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 20 of 34 PageID #: 20
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`
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`LG HG6
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`LG MJ1
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`
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`
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`60.
`
`The Accused Products use electrodes laminated (deposited as a liquid slurry and
`
`dried) to the current collector (anode – copper, cathode – aluminum).
`
`61.
`
`The Accused Products have an insulator functioning to physically distance the
`
`anode and cathode electrodes (white wrapping in images above).
`
`COUNT II: INFRINGEMENT OF THE ’649 PATENT
`
`Plaintiffs incorporate by reference the preceding paragraphs.
`
`On information and belief, LGE directly infringes, induces the infringement of, and
`
`62.
`
`63.
`
`contributes to the infringement of one or more claims of the ’649 Patent, including at least claim
`
`1, either literally or under the doctrine of equivalents.
`
`64.
`
`On information and belief, LGE directly infringes the ’649 Patent by, for example,
`
`assembling, or causing to have assembled, one or more of the Accused Products for use in third
`
`party electric vehicles.
`
`
`
`20
`
`

`

`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 21 of 34 PageID #: 21
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`
`
`65.
`
`On information and belief, LGE induces the infringement of the ’649 Patent by
`
`third parties, including without limitation automobile manufactures, by actively encouraging third
`
`parties to make, use, offer to sell, sell, or import into the United States, electric vehicles containing
`
`the infringing battery technologies. For example, LGE instructs, offers, or encourages third party
`
`automobile manufacturers to use one or more of the Accused Products in electric vehicles.
`
`66.
`
`On information and belief, LGE contributes to the infringement of the ’649 Patent
`
`by offering to sell or selling within the United States or importing into the United States infringing
`
`battery technologies for use in at least electric vehicles sold in the United States, knowing the
`
`infringing battery technologies to be especially-made components that have no substantial non-
`
`infringing use.
`
`67.
`
`On information and belief, LG Chem at least induces the infringement of one or
`
`more claims of the ’649 Patent, including at least claim 1, either literally or under the doctrine of
`
`equivalents.
`
`68.
`
`On information and belief, LG Chem induces LGE to infringe the ’649 Patent by
`
`instructing, offering, and encouraging LGE to use LG Chem’s infringing battery technologies in
`
`LGE products.
`
`69.
`
`On information and belief, LG Chem designs battery cells for the United States EV
`
`market and competes for business that it knows is directed to downstream products designated for
`
`the United States market. For example, LGES maintains a website specifically tailored for the
`
`United States and notes that it supplies automotive batteries for automobiles that are sold and
`
`offered for sale in the United States. See https://www.lgensol.com/en/business-automotive-battery
`
`(last accessed August 10, 2022).
`
`
`
`21
`
`

`

`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 22 of 34 PageID #: 22
`
`
`
`70.
`
`On information and belief, LG Chem has directly infringed and/or contributed to
`
`the infringement of, and will continue to infringe and/or contribute to the infringement of, one or
`
`more claims of the ’649 Patent at least based on its activities in Michigan. See, e.g., LG Chem, Ltd.
`
`v. SK Innovation Co., Ltd., 1:19-cv-00776 (D. Del. April 29, 2019), Complaint, ¶ 29 (“LGCMI
`
`also has research and development, testing and engineering, manufacturing, sales and marketing,
`
`and business offices in Troy, Michigan, where it has invested many millions of dollars and employs
`
`hundreds of workers. Through its facilities in Michigan, LGC supplies millions of battery cells
`
`each year to automotive manufacturers including General Motors and Chrysler.”); LG Energy
`
`Solution, Ltd. et al. v. SK Innovation Co., Ltd. et al., 19-cv-1805-CFC, D.I. 12-1 (D. Del. Jan. 5,
`
`2021) (“LGES has extensive involvement in the U.S. market with its innovative battery
`
`technology. In fact, LGES and its subsidiary LG Energy Solution Michigan [,] Inc. [ ] supply,
`
`through plants in Michigan[,] millions of battery cells to U.S. companies like General Motors and
`
`Chrysler. For example, LGESMI has invested hundreds of millions of dollars in a facility in
`
`Holland, Michigan, which employs hundreds of workers making lithium-ion batteries for electric
`
`vehicles (EVs).”).
`
`71.
`
`Further, on information and belief, LG Chem contributes to the infringement of the
`
`’961 Patent by offering to sell or selling within the United States or importing into the United
`
`States infringing battery technologies for use in at least electric vehicles or other consumer
`
`electronics sold in the United States, knowing the infringing battery technologies to be especially-
`
`made
`
`components
`
`that
`
`have
`
`no
`
`substantial
`
`non-infringing
`
`use.
`
`See,
`
`e.g.,
`
`https://www.lgchem.com/company/company-information/global-network/overseas-
`
`corporation/america (last accessed August 29, 2022).
`
`
`
`22
`
`

`

`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 23 of 34 PageID #: 23
`
`
`
`72.
`
`Defendants are knowledgeable about the ’649 Patent and infringing acts alleged
`
`herein at least as of the date on which they are served with this Complaint.
`
`73.
`
`Defendants’
`
`infringing acts have been without
`
`the permission, consent,
`
`authorization, or license of Plaintiffs.
`
`74.
`
`Claim 1 of the ’649 Patent recites as follows:
`
`1. A dispersion comprising a plurality of oxidized, discrete carbon nanotubes and
`
`at least one additive, wherein the oxidized, discrete carbon nanotubes have an
`
`aspect ratio of 25 to 500, are multiwall, and are present in the range of greater than
`
`zero to about 30% by weight based on the total weight of the dispersion.
`
`75.
`
`76.
`
`Defendants, by the Accused Products, infringe at least claim 1 of the ’649 Patent.
`
`The Accused Products contain a plurality of oxidized, discrete carbon nanotubes as
`
`reflected by the white circled regions in the below SEM image.
`
`77.
`
`Each of the Accused Products have cathodes with an added component (“additive”)
`
`that is in composition with the nanotubes, where the oxidized, discrete carbon nanotubes have an
`
`
`
`
`
`23
`
`

`

`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 24 of 34 PageID #: 24
`
`
`
`aspect ratio of 25 to 500 and are multiwall, as shown by the white circled regions in the below
`
`SEM image.
`
`78.
`
`The nanotubes present in the Accused Products are present in the range of greater
`
`than zero to about 30% by weight based on the total weight of the dispersion. On information and
`
`belief, the nanotubes in the Accused Products are present in an amount of less than about 10% of
`
`
`
`the cathode.
`
`79.
`
`80.
`
`COUNT III: INFRINGEMENT OF THE ’282 PATENT
`
`Plaintiffs incorporate by reference the preceding paragraphs.
`
`On information and belief, LGE directly infringes, induces the infringement of, and
`
`contributes to the infringement of one or more claims of the ’282 Patent, including at least claim
`
`1, either literally or under the doctrine of equivalents.
`
`81.
`
`On information and belief, LGE directly infringes the ’282 Patent by, for example,
`
`assembling, or causing to have assembled, one or more of the Accused Products for use in third
`
`party electric vehicles.
`
`
`
`24
`
`

`

`Case 1:22-cv-01130-UNA Document 1 Filed 08/29/22 Page 25 of 34 PageID #: 25
`
`
`
`82.
`
`On information and belief, LGE induces the infringement of the ’282 Patent by
`
`third parties, including without limitation automobile or consumer electronics manufactures, by
`
`actively encouraging third parties to make, use, offer to sell, sell, or import into the United States,
`
`electric vehicles containing the infringing battery technologies. For example, LGE instructs, offers,
`
`or encourages third party automobile manufacturers to use one or more of the Accused Products
`
`in electric vehicles.
`
`83.
`
`On information and belief, LGE contributes to the infringement of the ’282 Patent
`
`by offering to sell or selling within the United States or importing into the United States infringing
`
`battery technologies for use in at least electric vehicles sold in the United States, knowing the
`
`infringing battery technologies to be especially-made components that have no substantial non-
`
`infringing use.
`
`84.
`
`On information and belief, LG Chem at least induces the infringement of one or
`
`more claims of the ’282 Patent, including at least claim 1, either literally or under the doctrine of
`
`equivalents.
`
`85.
`
`On information and belief, LG Chem induces LGE to infringe the ’282 Patent by
`
`instructing, offering, and encouraging LGE to use LG Chem’s infringing battery technologies in
`
`LGE products.
`
`86.
`
`On information and belief, LG Chem designs battery cells for the United States EV
`
`market and competes for business that it knows is directed to downstream products designated for
`
`the United States market. For example, LGES maintains a website specifically tailored for the
`
`United States and notes that it supplies automotive batteries for automobiles that are sold and
`
`offered for sale in the United States. See https://www.lgensol.com/en/bu