IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`VARTA MICROBATTERY GMBH.,
`
`Plaintiff,
`
`Case No. 2:21-cv-00399-JRG-RSP
`
`v.
`
`EVE ENERGY CO., LTD.,
`
`Defendant.
`
`DEFENDANT EVE ENERGY CO., LTD.’S PATENT INVALIDITY CONTENTIONS
`
`Pursuant to Local Patent Rule 3-3 and the Court’s First Amended Docket Control Order
`
`(Dkt. 37), Defendant EVE Energy Co. Ltd. hereby provides these initial invalidity contentions to
`
`Plaintiff VARTA Microbattery GmbH (“Plaintiff” or “VARTA”) in support of Defendant’s
`
`allegations of invalidity of United States Patent Nos. 9,153,835 (“the ’835 patent”); 9,496,581
`
`(“the ’581 patent”); 9,799,913 (“the ’913 patent”); 11,024,869 (“the ’869 patent”); 11,024,904
`
`(“the ’904 patent”); 11,024,905 (“the ’905 patent”); and 11,258,092 (“the ’092 patent”)
`
`(collectively, the “Asserted Patents”).
`
`These contentions and disclosures are preliminary and Defendant reserves the right to
`
`supplement them based on fact and expert discovery, after claim terms are construed, in response
`
`to any changed infringement theories advanced by Plaintiff, and as permitted by the Court’s rules
`
`and orders.
`
`1
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`VARTA Ex. 2012 Page 1 of 87
`EVE Energy v. VARTA
`IPR2022-01484
`
`

`

`I.
`
`INTRODUCTION
`
`As disclosed in its respective Amended P. R. 3-1 Disclosure of Asserted Claims and
`
`Infringement Contentions (“Infringement Contentions”) served on Defendant, Plaintiff asserts the
`
`following patents and claims:
`
`Asserted Patents
`
`Asserted Claims
`
`U.S. Patent No. 9,153,835
`
`14-15, 17-23, 25
`
`U.S. Patent No. 9,496,581
`
`14-15, 17-23, 25
`
`U.S. Patent No. 9,799,913
`
`9-16
`
`U.S. Patent No. 11,024,869
`
`1-20, 22-29
`
`U.S. Patent No. 11,024,904
`
`1-8, 10-14, 16-17, 19, 21-24
`
`U.S. Patent No. 11,024,905
`
`1-11, 13-15, 17-18
`
`U.S. Patent No. 11,258,092
`
`1-3, 7-11, 13-22
`
`As further detailed in and supported by these Invalidity Contentions, Defendant contends that each
`
`Asserted Claim is invalid under at least 35 U.S.C. §§ 103 and/or 112.1
`
`II.
`
`AMENDMENT AND SUPPLEMENTATION
`
`Defendant’s Invalidity Contentions pertain to the Asserted Claims as identified in
`
`Plaintiff’s Infringement Contentions. To the extent the Court later allows Plaintiff to amend its
`
`Infringement Contentions and/or assert one or more claims or patents other than the Asserted
`
`Claims or Asserted Patents, respectively, Defendant reserves the right to modify, amend, or
`
`supplement these Invalidity Contentions accordingly to, for example, show the invalidity of any
`
`such newly asserted claims.
`
`1 References to Title 35 of the United States Code are to statutes prior to amendment under the America Invents Act
`(“AIA”), as the Asserted Patents purport to have effective filing dates prior to March 16, 2013.
`
`2
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`VARTA Ex. 2012 Page 2 of 87
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`

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`These Invalidity Contentions are based on Defendant’s current understanding of the
`
`Asserted Claims and Plaintiff’s apparent view of the scope of those claims as shown, for example,
`
`in Plaintiff’s Infringement Contentions. A Markman Order in this case has not yet been issued,
`
`and in no way shall these Invalidity Contentions be taken as any admission or acquiescence by
`
`Defendant as to the proper scope of the Asserted Claims and/or proper claim constructions of terms
`
`and phrases recited in those claims. By identifying prior art that renders the Asserted Claims
`
`invalid, Defendant does not admit that the claim limitations are capable of construction, does not
`
`admit that any claim limitations are supported with an appropriate written description and enabling
`
`disclosure in the applicable patent specifications, and does not adopt Plaintiff’s apparent claim
`
`constructions or admit the accuracy of any particular claim construction.2
`
`Defendant reserves all rights to later challenge or oppose any claim constructions advanced
`
`by Plaintiff and to present its own claim construction positions. Defendant further reserves the
`
`right to revise these Invalidity Contentions in view of the Court’s construction of terms and phrases
`
`recited in one or more of the Asserted Claims, additional information obtained during discovery,
`
`additional infringement theories put forth by Plaintiff during fact and/or expert discovery, any
`
`findings as to the priority date(s) of the Asserted Claims, and/or positions that Plaintiff, its fact
`
`witnesses, or its expert witness(es) may take concerning claim construction, infringement, and/or
`
`invalidity issues. Defendant further reserves the right to supplement its accompanying P. R. 3-4(b)
`
`document production should it later discover additional prior art documents, information,
`
`testimony, prior art systems and related documentation, and/or software or hardware code,
`
`
`2 Defendant does not concede that Plaintiff’s constructions are correct, but rather asserts the well-established principle
`that whatever infringes a claim if later in time anticipates if earlier in time. Bristol-Myers Squibb Co. v. Ben Venue
`Labs., Inc., 246 F.3d 1368, 1378 (Fed. Cir. 2001). Thus, where Plaintiff for purposes of its infringement case alleges
`that a feature of an accused product meets a particular limitation recited in one or more of the Asserted Claims, then
`that feature, should it be found in the prior art, would also cause that limitation to be met for invalidity purposes.
`
`
`
`
`3
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`including but not limited to information provided by third parties after the date of service of these
`
`Invalidity Contentions. Defendant may further rely on inventor admissions concerning the scope
`
`or state of the prior art relevant to the Asserted Claims, the prosecution histories of the Asserted
`
`Patents, related patents, and/or patent applications, any deposition or trial testimony of a named
`
`inventor on the Asserted Patents, and the papers filed and any evidence produced or submitted by
`
`Plaintiff in connection with this case or other related proceedings. Defendant reserves the right to
`
`contend that one or more of the Asserted Claims are invalid under 35 U.S.C. § 102(f) in the event
`
`Defendant obtains evidence that any of the named inventors did not invent the subject matter in
`
`the Asserted Claims with which they are associated on the face of the Asserted Patents.
`
`Prior art not included in these Invalidity Contentions, whether known or not known to
`
`Defendant, may become relevant. In particular, Defendant is currently unaware of the extent, if
`
`any, to which Plaintiff will contend that limitations of the Asserted Claims are not disclosed in the
`
`prior art identified in these Invalidity Contentions. Accordingly, Defendant reserves the right to
`
`identify other references that would disclose the allegedly missing limitation(s) of the claimed
`
`method, device, or system. The references identified in these Invalidity Contentions, which include
`
`the attached claim charts, may disclose the elements of the Asserted Claims explicitly and/or
`
`inherently, and/or they may be relied upon to show the state of the art in the relevant time frame.
`
`References identified in these Invalidity Contentions, as well as the “References Cited” on the
`
`faces of the Asserted Patents and the patents cited within the bodies of the Asserted Patents, may
`
`be used to illustrate, but not limit the scope of, the state of the art to which the Asserted Patents
`
`pertain (i.e., at a time prior to the date of alleged inventions of the Asserted Claims of the Asserted
`
`Patents). Moreover, Defendant reserves the right to rely on later identified sources of information,
`
`
`
`4
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`including but not limited to witness testimony and other discovery, to establish the state of the art
`
`in the relevant time frame pertaining to the Asserted Patents.
`
`Because discovery has just recently begun, Defendant anticipates that additional prior art
`
`and invalidity bases may be found. Defendant’s investigation and analysis of the prior art is
`
`continuing, and thus Defendant reserves the right to supplement, amend, and/or revise the
`
`information provided herein as Defendant conducts further investigation and/or analysis, including
`
`identifying, charting, and relying on additional references. Additionally, in view of likely third-
`
`party discovery that will be taken, Defendant reserves the right to present additional items of prior
`
`art under 35 U.S.C. §§ 102(a), (b), (e), and/or (g) and/or § 103 located during discovery or further
`
`investigation, and to assert contentions of invalidity under 35 U.S.C. §§ 102(c), (d), or (f). For
`
`example, Defendant may issue subpoenas to third parties believed to have knowledge, documents,
`
`and/or other evidence concerning invalidity of one or more of the Asserted Claims.
`
`In addition to the positions and prior art identified in these Invalidity Contentions
`
`(including the accompanying invalidity claim charts), Defendant also incorporates by reference all
`
`invalidity contentions, prior art, and invalidity claim charts (including, without limitation, all
`
`anticipation positions, obviousness positions (including all prior art combinations and motivations
`
`to combine), indefiniteness positions, written description positions, and non-enablement positions)
`
`concerning one or more of the Asserted Patents, as disclosed at any time. This includes without
`
`limitation disclosures in previous or related litigation, in United States Patent & Trademark Office
`
`(“USPTO”) proceedings, by the Plaintiff, by any other parties accused of patent infringement by
`
`the Plaintiff, or by the named inventors or any individuals associated with the prosecution and/or
`
`post-grant review of the Asserted Patents. Petitions for inter partes review of most, if not all, of
`
`the Asserted Patents have been filed before the USPTO. Defendant incorporates by reference each
`
`
`
`5
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`VARTA Ex. 2012 Page 5 of 87
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`

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`of those petitions, the expert declarations in support thereof, and cited references associated
`
`therewith. 3 Plaintiff has a duty to produce to Defendant all relevant documents from these
`
`proceedings including but not limited to all prior art, invalidity contentions, and expert declarations
`
`or reports on invalidity (among other relevant items).
`
`Defendant reserves the right to supplement or otherwise amend these Invalidity
`
`Contentions in response to any relevant discovery provided by third parties, Plaintiff, opening or
`
`rebuttal expert reports, fact or expert depositions, or in response to any claim construction ruling(s)
`
`issued by this Court (regardless of how and when such ruling is made). Defendant also reserves
`
`the right to supplement or otherwise amend these Invalidity Contentions in response to any rebuttal
`
`evidence disclosed by Plaintiff or as otherwise may be necessary or appropriate under the
`
`circumstances.
`
`III.
`
`P. R. 3-3(A) – IDENTIFICATION OF PRIOR ART
`
`Defendant’s disclosure of prior art is generally premised on the alleged priority dates of
`
`the Asserted Patents/Claims as identified in Plaintiff’s Infringement Contentions, namely, Plaintiff
`
`alleges an earliest priority date of June 18, 2009 (December 22, 2009 for the asserted ’835 patent
`
`claims). Defendant contends Plaintiff is not entitled to these alleged priority dates, much less any
`
`earlier priority dates at least because not all of the elements of the Asserted Claims appear to have
`
`support in the disclosures of the foreign priority documents. For example, at least the disclosures
`
`related to the "first part” / “second part" limitations in the ’835 patent, ’581 patent, and ’913 patent
`
`do not appear to be present in the three German priority documents. Accordingly, Plaintiff would
`
`
`3 These proceedings include but are not limited to the following: Eastern District of Texas cases, 2:20-cv-00029-JRG;
`2:20-cv-00051-JRG; 2:20-cv-00052-JRG; 2:20-cv-00054-JRG; 2:20-cv-00071-JRG; 2:20-cv-00138-JRG; 2:21-cv-
`00036-JRG; 2:21-cv-00037-JRG; 2:21-cv-00038-JRG; 2:21-cv-00400-JRG-RSP; 2:22-cv-00025-JRG; PTAB
`proceedings, IPR2020-01211; IPR2020-01212; IPR2020-01213; IPR2020-01214; IPR2021-00474; IPR2021-01206;
`IPR2021-01207.
`
`
`
`6
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`VARTA Ex. 2012 Page 6 of 87
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`not be entitled to its claimed priority dates. Plaintiff has failed to show the Asserted Claims are
`
`entitled to the claimed priority dates. Defendant therefore reserves the right to modify, amend, or
`
`supplement its invalidity contentions with additional prior art references if any Asserted Claim is
`
`shown to not be entitled to Plaintiff’s alleged priority dates or if Plaintiff alleges any other priority
`
`date for any of the Asserted Claims.
`
`A.
`
`Prior Art References for the Asserted Patents
`
`Pursuant to P. R. 3-3, the tables below identify the prior art items that Defendant presently
`
`asserts render obvious the Asserted Claims of the Asserted Patents.
`
`Publication Number /
`Description
`2007-294111A
`3748182A
`101286572A
`2007/062838A1
`2007/0160901A1
`2006/0124973A1
`1992-162351A
`0829105B1
`2005/0233212A1
`2003-031266A
`1987-113358A
`5654114A
`2008-066040A
`1266413B1
`6066184A
`2008/0248384A1
`1332944A
`
`Abbreviation /
`Short Name
`Kobayashi
`Brown
`Higuchi
`Brenner
`Kaun
`Arai
`Fujita
`Okochi
`Kaun-212
`Kano
`Yamamoto
`Kubota
`Yamamoto-040
`Bennett
`Brenner-184
`Yabushita
`SAFT
`
`Country
`Origin
`JP
`US
`CN
`WIPO
`US
`US
`JP
`EP
`US
`JP
`JP
`US
`JP
`EP
`US
`US
`GB
`
`1.
`
`Kobayashi
`
`
`
`of
`
`Issue/Publication Date or Date
`of Availability/Sale
`11/08/2007
`07/24/1973
`10/15/2008
`06/07/2007
`07/12/2007
`06/15/2006
`06/05/1992
`05/21/2003
`10/20/2005
`01/31/2003
`05/25/1987
`08/05/1997
`03/21/2008
`05/25/2005
`05/23/2000
`10/09/2008
`10/10/1973
`
`Japanese Unexamined Patent Application Publication No. 2007-294111A (“Kobayashi”)
`
`was published on November 8, 2007. The application for Kobayashi was filed on April 20, 2006.
`
`Kobayashi qualifies as prior art under 35 U.S.C §102(b). Kobayashi relates to a small battery (for
`
`
`
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`example, a button type battery, a coin type battery) provided with a wound electrode group, and
`
`thus is from the same field of endeavor as the Asserted Patents. (Kobayashi [0001]).
`
`2.
`
`Brown
`
`U.S. Patent No. 3748182A (“Brown”) issued and was published on July 24, 1973. The
`
`application for Brown was filed on May 26, 1972 and claims priority to U.S. Patent No.
`
`25730972A. Brown qualifies as prior art under 35 U.S.C §102(b). Brown provides a button type
`
`cell casing and sealed button type battery, and thus is from the same field of endeavor as the
`
`Asserted Patents. (Brown [Title]).
`
`3.
`
`Higuchi
`
`Chinese Patent Application Publication No. CN101286572A (“Higuchi”) was published
`
`on October 15, 2008. The application for Higuchi was filed on April 10, 2008 and claims priority
`
`to Japanese Patent Application JP2007-105148. Higuchi qualifies as prior art under 35 U.S.C
`
`§102(b) for the Asserted Claims in the ’869 patent and at least §102(a) for the remaining Asserted
`
`Claims. Higuchi provides a coin-shaped non-water electrolyte secondary battery, having a high
`
`characteristic of discharge load without distorted battery when charging and discharging, and thus
`
`is from the same field of endeavor as the Asserted Patents. (Higuchi [Abstract]).
`
`4.
`
`Brenner
`
`WO2007/062838A1 (“Brenner”) was published on June 7, 2007. The application for
`
`Brenner was filed on November 30, 2006 and claims priority to German Patent Application No.
`
`DE102005058132. Brenner qualifies as prior art under 35 U.S.C §102(b). Brenner relates to button
`
`cell batteries having a housing comprising a housing cup, a housing cover and a foil seal which
`
`insulates the housing cup from the housing cover, and thus is from the same field of endeavor as
`
`the Asserted Patents. (Brenner [Abstract]).
`
`
`
`8
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`5.
`
`Kaun
`
`U.S. Patent Application No. 2007/0160901A1 (“Kaun”) was published on July 12, 2007.
`
`The application for Kaun was filed on March 6, 2007 and claims priority to U.S. Provisional Patent
`
`Application No. 60/305,339, filed Jul. 13, 2001 and U.S. Patent Application No. 10/192,818, filed
`
`July 10, 2002. Kaun qualifies as prior art under 35 U.S.C §102(b). Kaun relates to improved
`
`electrochemical devices, such as batteries, capacitors, fuel cells, sensors or the like, and thus is
`
`from the same field of endeavor as the Asserted Patents. (Kaun [0002]).
`
`6.
`
`Arai
`
`U.S. Patent Application No. 2006/0124973A1 (“Arai”) was published on June 15, 2006.
`
`The application for Arai was filed on December 13, 2005. Arai qualifies as prior art under 35
`
`U.S.C §102(b). Arai relates to a cylindrical lithium secondary battery as an energy storage device,
`
`and thus is from the same field of endeavor as the Asserted Patents. (Arai [FIG 1]).
`
`7.
`
`Fujita
`
`Japanese Patent Application Publication No. 1992-162351A (“Fujita”) was published on
`
`June 5, 1992. The application for Fujita was filed on October 25, 1990. Fujita qualifies as prior art
`
`under 35 U.S.C §102(b). Fujita relates to the manufacture of a cylindrical battery, and thus is from
`
`the same field of endeavor as the Asserted Patents. (Fujita [Title]).
`
`8.
`
`Okochi
`
`European Patent No. 0829105B (“Okochi”) issued and was published on May 21, 2003.
`
`The application for Okochi was filed on March 27, 1997 and claims priority to Japanese Patent
`
`Application 1996073529. Okochi qualifies as prior art under 35 U.S.C §102(b). Okochi relates to
`
`a non-aqueous secondary battery comprising an electrode group composed by confronting thin
`
`
`
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`positive electrode and negative electrode through a separator, and thus is from the same field of
`
`endeavor as the Asserted Patents. (Okochi [Abstract]).
`
`9.
`
`Kaun-212
`
`U.S. Patent Application No. 2005/0233212A1 (“Kaun-212”) was published on October 20,
`
`2005. The application for Kaun-212 was filed on April 12, 2005 and claims priority to U.S.
`
`Provisional Patent Application No. 60/562,157, filed April 14, 2004. Kaun-212 qualifies as prior
`
`art under 35 U.S.C §102(b). Kaun-212 relates to an improved housings for electrochemical devices,
`
`such as batteries, and thus is from the same field of endeavor as the Asserted Patents. (Kaun-212
`
`[0003]).
`
`10.
`
`Yamamoto-040
`
`Japanese Patent Application Publication No. 2008-066040A (“Yamamoto-040”) was
`
`published on March 21, 2008. The application for Yamamoto-040 was filed on September 5, 2006.
`
`Yamamoto-040 qualifies as prior art under 35 U.S.C §102(b). Yamamoto-040 provides a battery
`
`having a high load characteristic and realizing a high energy density, and its manufacturing method,
`
`and thus is from the same field of endeavor as the Asserted Patents. (Yamamoto-040 [Abstract]).
`
`11.
`
`Bennett
`
`European Patent Application Publication No. EP1266413B1 (“Bennett”) was published on
`
`May 25, 2005. The application for Bennett was filed on March 21, 2001 and claims priority to U.S.
`
`Patent Application 60/188385. Bennett qualifies as prior art under 35 U.S.C §102(b). Bennett
`
`provides the structural features of electrochemical battery cells that improve the manufacturability
`
`of the cell, increase the internal volume of the cell available for active material, and improve the
`
`sealing of the cell, and thus is from the same field of endeavor as the Asserted Patents. (Bennett
`
`[Abstract]).
`
`
`
`10
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`
`12.
`
`Yabushita
`
`U.S. Patent Application No. 20080248384A1 (“Yabushita”) was published on October 9,
`
`2008. The application for Yabushita was filed on March 20, 2008 and claims priority to Japanese
`
`Patent Application No. JP2007-072430. Yabushita qualifies as prior art under 35 U.S.C §102(b).
`
`Yabushita relates to a flat-shaped battery such as a button-type battery or a coin-type battery, and
`
`thus is from the same field of endeavor as the Asserted Patents. (Yabushita [Abstract]; [0002]).
`
`13. Kano
`
`Japanese Patent Application Publication No. 2003-31266A (“Kano”) was published on
`
`January 31, 2003. The application for Kano was filed on July 16, 2001. Kano qualifies as prior art
`
`under 35 U.S.C §102(b). Kano provides a flat nonaqueous secondary battery improved in
`
`discharge capacity, and thus is from the same field of endeavor as the Asserted Patents. (Kano
`
`[Abstract]).
`
`14.
`
`SAFT
`
`Great Britain Patent No.1332944A (“SAFT”) issued and was published on October 10,
`
`1973. The application for SAFT was filed on June 18, 1971 and claims priority to French Patent
`
`Application FR1970023184. SAFT qualifies as prior art under 35 U.S.C §102(b). SAFT provides
`
`an electrochemical battery cell including an assembly of spirally wound electrodes, and thus is
`
`from the same field of endeavor as the Asserted Patents. (SAFT [Abstract]; 1:26-39).
`
`15.
`
`Yamamoto
`
`Japanese Patent Application Publication No. 1987-113358A (“Yamamoto”) was published
`
`on May 25, 1987. The application for Yamamoto was filed on November 12, 1985. Yamamoto
`
`qualifies as prior art under 35 U.S.C §102(b). Yamamoto relates to an improved battery using the
`
`
`
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`
`spiral electrode [...] spiral generating element, and thus is from the same field of endeavor as the
`
`Asserted Patents. (Yamamoto [0001]).
`
`16.
`
`Brenner-184
`
`U.S. Patent No. 6066184A (“Brenner-184”) issued and was published on May 23, 2000.
`
`The application for Brenner-184 was filed on October 14, 1997 and claims priority to German
`
`Patent Application No. DE19647593. Brenner-184 qualifies as prior art under 35 U.S.C §102(b).
`
`Brenner-184 relates to button cell batteries including providing a simply produced and reliable cell
`
`seal and a process for manufacturing said seal, and thus is from the same field of endeavor as the
`
`Asserted Patents. (Brenner-184 [Abstract]; 1:34-36).
`
`17. Kubota
`
`U.S. Patent No. 5654114A (“Kubota”) issued and was published on August 5, 1997. The
`
`application for Kubota was filed on March 23, 1995 and claims priority to Japanese Patent No.
`
`JP6-055614. Kubota qualifies as prior art under 35 U.S.C §102(b). Kubota relates to a nonaqueous
`
`secondary battery having improved charge and discharge cycle characteristics and increased safety
`
`and thus is from the same field of endeavor as the Asserted Patents. (Kubota 1:4-6).
`
`In addition to the above prior art references, Defendant identifies the following patents,
`
`printed publications, product literature, and other materials that are pertinent to invalidity of the
`
`Asserted Claims. Defendant may rely on these references as invalidating prior art, evidence of the
`
`knowledge of those skilled in the art, and/or evidence to support a motivation to combine or modify
`
`other prior art. Defendant reserves all rights to supplement or modify these invalidity contentions
`
`and to rely on these references to prove invalidity of the Asserted Claims in a manner consistent
`
`with the Federal Rules of Civil Procedure and the Rules of this Court.
`
`
`
`
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`
`Abbreviation
`Name
`
`/
`
`/ Short
`
`Publication
`Number
`Description
`Kaun-025
`2008/109025B1
`Higuchi-842
`2008-0092842A
`Kawakami-503
`2008/0003503
`Koga
`4,487,819
`Yoshikawa
`2006-40596
`Brenner
`10 2009 017 514
`Kim-327
`8,703,327
`Yamashita-728
`2007/0172728
`Arai-293
`6,495,293
`Issaev-3500
`2008/0003500
`Kumashiro-557
`2003/0068557
`Yamaki-440
`2005/0142440
`Ryou
`1 886 364 B1
`Kawamura-356
`2007/0218356
`10-2003-0087316 Kwon-316
`Batteries made by
`InvenTek Batteries
`InvenTek Corp.,
`including its
`“Rolled-Ribbon”
`battery
`Batteries made by
`Saft, including its
`LM 17130, LM
`22150, LO 34 SX,
`and VL
`34480
`batteries
`Batteries made by
`Ultralife Corp.,
`including its BA-
`5367/U battery4
`
`Saft Batteries
`
`Ultralife Batteries
`
`Country of Origin
`
`WIPO
`KR
`US
`US
`JP
`DE
`US
`US
`US
`US
`US
`US
`EP
`US
`KR
`
`
`
`
`
`
`Issue/Publication
`Date or Date of
`Availability/Sale
`11/20/2008
`10/16/2008
`01/03/2008
`12/11/1984
`02/09/2006
`10/07/2010
`04/22/2014
`07/26/2007
`12/17/2002
`09/29/2009
`04/10/2003
`06/30/2005
`08/17/2011
`09/20/2007
`11/14/2003
`
`
`
`
`
`
`
`4 Upon information and belief: InvenTek Batteries were publicly known or used in the United States at least as early
`as May 2008, and were sold
`in
`the United States as early as November 30, 2006. See, e.g.:
`https://web.archive.org/web/20041206230046/http://inventekcorp.com/page3.html;
`https://web.archive.org/web/20071122010915/http://inventekcorp.com/technology.html;
`https://web.archive.org/web/20071122011734/http://inventekcorp.com/partners.html. Saft Batteries were publicly
`disclosed, used, sold, or offered for sale in the United States by Saft at least as early as September 2008. Saft Batteries
`are described in at least the following publications: https://www.saftbatteries.com/download_file/6X7JMG
`Anv3Fm6HdmtEv%252B2gtlbZ1bRRVHkjS11M6md92GD2EF7vU%252F3Oybbz3WOlG%252BxR8srpA5iCdJ%
`252FV3IQzTVHQyiTucngZKEg9KkYCLkowAvgaG1huqxoaYWwEfWv6kxoE6NpquTJ9LEHjIeRJNcpGqbY3pS
`kyQFeypXD%252F1xO2%252FO9nSuKg;
`https://datasheetspdf.com/pdffile/799068/SAFT/LM22150/1;
`https://www.saftbatteries.com/download_file/6X7JMGAnv3Fm6HdmtEv%252B2gtlbZ1bRRVHkjS11M6md92GD
`2EF7vU%252F3Oybbz3WOlG%252BxR8srpA5iCdJ%252FV3IQzTVHQyiTucngZKEg9KkYCLkowAvgaG1huriE
`LqxL0z4Zj5GzBqJEjHcuUmgRkyRKg%252Fb2UWjaqEJwK3wVZjeJC2cz68EzPvQHg%253D%253D/LO34SX_
`cell_datasheet.9f428e0e-b2a8-47c6-a228-7b71052cb268.pdf;
`13
`
`
`
`VARTA Ex. 2012 Page 13 of 87
`
`

`

`EP
`US
`JP
`US
`JP
`US
`US
`US
`US
`US
`JP
`US
`US
`US
`JP
`JP
`US
`US
`JP
`JP
`US
`US
`JP
`JP
`JP
`JP
`JP
`JP
`
`12/31/2008
`07/28/2009
`12/14/1999
`01/02/2003
`07/31/2003
`09/03/2002
`08/05/2010
`01/03/1995
`02/08/2008
`10/21/2010
`10/16/2008
`02/24/2005
`04/04/2000
`10/16/2003
`10/30/2008
`10/30/2008
`10/12/2006
`8/4/2005
`5/1/2008
`12/13/1989
`3/11/2004
`04/24/2001
`3/21/2000
`6/3/2004
`12/6/2002
`11/30/2000
`09/14/1999
`7/2/1999
`
`
`
`
`
`1 315 220 B1
`7,566,515
`H11-345626
`2003/0003370
`2003217562
`6,443,999
`2010/0196756
`5,378,560
`2008/0050652
`2010/266893
`2008251192
`2005/042506
`6,045,944
`2003/193317
`2008262826
`2008262827
`2006/228629
`2005/171383
`2008103109
`H01309254
`2004/048160
`6,221,524
`2000082486
`2004158318
`2002352789
`2000331717
`H11245066
`H11176414
`
`Urairi-220
`Suzuki-515
`Shirasu-626
`Arai-370
`Hara-562
`Cantave-999
`Wakita-756
`Tomiyama-560
`Hirose-652
`Martin-893
`Hosoda-192
`Tomimoto-506
`Okada-944
`Shimamura-317
`Higuchi-826
`Higuchi-827
`Christian-629
`Arai-383
`Atsumi-109
`Oo-254
`Komaru-160
`Andrew-524
`Inoue-486
`Funemi-318
`Oguma-789
`Okada-717
`Okada-066
`Kinoshita-414
`
`https://web.archive.org/web/20071023161139/http://www.saftbatteries.com/130-Catalogue/PDF/VL_34480.pdf;
`https://www.saftbatteries.com/download_file/6X7JMGAnv3Fm6HdmtEv%252B2gtlbZ1bRRVHkjS11M6md92GD
`2EF7vU%252F3Oybbz3WOlG%252BxR8srpA5iCdJ%252FV3IQzTVHQyiTucngZKEg9KkYCLkowAvgaG1huq1
`d69jsZmwPXR1CST1MBaukKfE4jWreOo1Tyf49Ug6QCcSSU2e7%252F4OBnAwQpzpaA%253D%253D/Selecto
`-guide_54083-2-0320.pdf;
`http://jumbohan.com/wpcontent/uploads/2014/10/SAFT_Lithium_catalogue1.pdf;
`https://web.archive.org/web/20071108183747/http://www.saftbatteries.com//130-Catalogue/PDF/Liion_Capa.pdf.
`Ultralife Batteries were publicly disclosed, used, sold, or offered for sale in the United States by Ultralife Corp. at
`least one year before the priority dates of the Asserted Patents. Ultralife Batteries are described in at least the following
`publications:
`https://web.archive.org/web/20061109153052/http://www.ultralifebatteries.com/datasheet.php?ID=UB0006#top;
`https://web.archive.org/web/20061109154446/http://www.ultralifebatteries.com/documents/techsheets/UBI5125_U
`B2519.pdf;
`https://web.archive.org/web/20061109151535/http://www.ultralifebatteries.com/documents/whitepapers/UBM-
`5041-Military_Sheet.pdf;
`https://www.ultralifecorporation.com/ECommerce/product/ub0006/type-ba-5367-33v-
`limno2;
`https://www.ultralifecorporation.com/default.asp?LINKNAME=LITRACK&Literature_ID=178&nAction=GET
`• https://web.archive.org/web/20061109151110/http://www.ultralifebatteries.com/documents/whitepapers/Prod
`uct_Summary_Guide.pdf;
`https://www.ultralifecorporation.com/default.asp?LINKNAME=LITRACK&Literature_ID=1398&nAction=GET.
`Discovery is ongoing regarding the persons, entities, and circumstances surrounding the making of these batteries.
`14
`
`VARTA Ex. 2012 Page 14 of 87
`
`

`

`Yageta-621
`2002/146621
`Soga-218
`2000156218
`Yang-667
`2005/074667
`Cho-521
`2004/115521
`Yamaki-933
`2004/202933
`Sugano-552
`2008198552
`Reynier-599
`3,960,599
`Kagawa-056
`H05121056
`Shinichi-683
`2007200683A
`Yasuhiko-761
`2009199761A
`Hiroshi-347
`1744347A
`Takayuki-842
`5273842A
`Ogawa-299
`H08293299A
`Fujita-456
`2937456B2
`Pozin-860
`8465860B2
`Pinnell-645
`20080241645A1
`20120058386A1 Wyser-386
`Gaugler-881
`20130216881A1
`4262064A
`Nagle-064
`1985148058A
`Suzuki-058
`1983154178A
`Terada-178
`1088271A
`Linton-271
`20050058904A1
`Kano-904
`1991225748A
`Tawara-748
`20100196756A1 Wakita-756
`Hara-467
`1995153467A
`20040115521A1
`Cho-521
`20070200101A1
`Asao-101
`20080318126A1
`Ishii-126
`2007220601A
`Yamashita-601
`4539271A
`Crabtree-271
`20070037058A1
`Visco-058
`2008118478A1
`Pinnell-478
`20090208849A1
`Pozin-849
`20010009737A1
`Lane-737
`20110091753A1 Wang-753
`Howard-022
`9077022B2
`5912091A
`Daio-091
`2847540Y
`Ma-540
`1984078460A
`Koichi Tanaka
`9899640B2
`Yabushita-640
`20060183020A1
`Davidson-020
`20060093894A1
`Scott-894
`
`
`
`
`
`US
`JP
`US
`US
`US
`JP
`US
`JP
`JP
`JP
`CN
`US
`JP
`JP
`US
`US
`US
`US
`US
`JP
`JP
`GB
`US
`JP
`US
`JP
`US
`US
`US
`JP
`US
`US
`WIPO
`US
`US
`US
`US
`US
`CN
`JP
`US
`US
`US
`
`15
`
`10/10/2002
`6/6/2000
`4/7/2005
`6/17/2004
`10/14/2004
`08/28/2008
`06/01/1976
`5/12/1995
`8/9/2007
`9/3/2009
`3/8/2006
`12/28/1993
`11/5/1996
`8/23/1999
`6/18/2013
`10/2/2008
`3/8/2012
`8/22/2013
`4/14/1981
`7/2/1987
`9/3/1984
`10/25/1967
`3/17/2005
`10/04/1991
`8/5/2010
`6/10/1997
`6/17/2004
`8/30/2007
`12/25/2008
`8/30/2007
`9/3/1985
`2/15/2007
`10/2/2008
`8/20/2009
`7/26/2001
`4/21/2011
`7/7/2015
`6/15/1999
`12/13/2006
`5/7/1984
`2/20/2018
`8/17/2006
`5/4/2006
`
`VARTA Ex. 2012 Page 15 of 87
`
`

`

`6277752B1
`2502410Y
`1994096750A
`4091181A
`20070122698A1
`101217188A
`201440429U
`2004362968A
`2007207535A
`3827916A
`20090123840A1
`1992249073A
`2008198552A
`20120028110A1
`5470357A
`2002324584A
`7745041B2
`2002289259A
`2004139800A
`4053687A
`3638793A1
`2002100408A
`2000082486A
`101202357A
`1630126A
`1224934A
`7641992B2
`7883790B2
`2008262825A
`2003123830A
`5128219A
`5792574A
`7195840B2
`20130130066A1
`5639569A
`1808916A1
`2002164076A
`6143440A
`19857638A1
`6312848B1
`5603737A
`4554226A
`1989307176A
`
`
`
`
`
`Chen-752
`Yu-410
`Mitsutoshi-750
`Merritt-181
`Mitchell-698
`Xue-188
`Zhao-429
`Udagawa-968
`Yamaki-535
`Fagan-916
`Shirane-840
`Ito-073
`Sugano-552
`Brenner-110
`Schmutz-357
`Hayami-584
`Kozuki-041
`Hayami-259
`Tsunekawa-800
`Coibion-687
`Sprengel-793
`Hayami-408
`Inoue-486
`Jiang-357
`Wang-126
`Nagaura-934
`Howard-992
`Howard-790
`Higuchi-825
`Hayashi-830
`Kohler-219
`Mitate-574
`Kaun-840
`Pytlik-066
`Kohler-569
`Okabe-916
`Hayashi-076
`Volz-440
`Kilb-638
`Kilb-848
`Marincic-737
`Simonton-226
`Niizaki-176
`
`US
`CN
`JP
`US
`US
`CN
`CN
`JP
`JP
`US
`US
`JP
`JP
`US
`US
`JP
`US
`JP
`JP
`US
`DE
`JP
`JP
`CN
`CN
`CN
`US
`US
`JP
`JP
`US
`US
`US
`US
`US
`EP
`JP
`US
`DE
`US
`US
`US
`JP
`
`16
`
`8/21/2001
`7/24/2002
`4/8/1994
`5/23/1978
`5/31/2007
`7/9/2008
`4/21/2010
`12/24/2004
`8/16/2007
`8/6/1974
`5/14/2009
`9/28/1993
`8/28/2008
`2/2/2012
`11/28/1995
`11/8/2002
`6/29/2010
`10/4/2002
`5/13/2004
`10/11/1977
`6/23/1994
`4/5/2002
`3/21/2000
`6/18/2008
`6/22/2005
`8/4/1999
`1/5/2010
`2/8/2011
`10/30/2008
`4/25/2003
`7/7/1992
`8/11/1998
`1/16/2003
`5/23/2013
`6/17/1997
`7/18/2007
`6/7/2002
`11/7/2000
`6/15/2000
`11/6/2001
`2/18/1997
`11/19/1985
`12/20/1990
`
`VARTA Ex. 2012 Page 16 of 87
`
`

`

`6682853B2
`2003249201A
`3902330B2
`20050064283A1
`8048570B2
`1988285878A
`2002289257A
`1999135101A
`1990060072A
`6265100B1
`7931980B2
`8435658B2
`5631104A
`2008047303A
`1137091A1
`2632871Y
`1983010375A
`2000164259A
`5626988A
`20020034680A1
`7951476B2
`S62-272472A
`5698340A
`19647593A1
`H1140189/A
`1960040A
`6042625A
`20040029004A1
`20050181276A1
`69700312T2
`2003077543A
`4220695A
`4664989A
`3069489A
`20030175589A1
`2874790Y
`2002042744A
`7432014B2
`7341802B1
`20100227217A1
`20020192559A1
`2002134073A
`2002298803A
`
`
`
`
`
`Kimijima-853
`Hirahara-201
`Kitaoka-330
`Anderson-283
`Visco-570
`Teru-878
`Hayami-257
`Okawa-101
`Isawa-072
`Saaski-100
`Kwak-980
`Yamashita-658
`Zhong-104
`Motegi-303
`Kimijima-091
`Wang-871
`Ito-375
`Yoshizawa-259
`Daniel-Ivad
`Inoue-680
`Kim-476
`Yamada-472
`Xue-340
`Brenner-593
`Ise-189
`Gao-040
`Daio-625
`Miyaki-004
`Miyaki-276
`Mao-312
`Suzuk