ITC Complaint Seeks Import Ban on Amperex Batteries, DJI Drones, Oppo Phones

Comments are due Nov. 9 at the International Trade Commission on public-interest implications of an import ban being sought by LG Chem and Toray Industries against Amperex, DJI and Oppo products on grounds that they contain batteries with composite separators that infringe several patents. LG Chem and Toray alleged in an Oct. 25 Tariff Act Section 337 complaint (login required) in ITC docket 3269 that Amperex manufactures lithium-ion cells that copy the safety reinforce separator technology described in three U.S. patents granted 2009-2010, which are then incorporated into DJI drones and Oppo headphone amplifiers and smartphones. LG Chem and Toray seek limited exclusion and cease and desist orders banning import and sale of the infringing Amperex batteries and the “downstream” DJI and Oppo products containing them, said the complaint. Granting LG Chem and Toray the import ban they seek “will provide effective relief” amid the “ongoing and open patent infringement” taking place with "little or no adverse effect” on the public interest, said the complaint. LG Chem, Toray and “third parties are capable of meeting U.S. market demand in the event of exclusion,” it said. “Similarly, downstream markets are sufficiently competitive and diverse to ensure continued supply” even if the listed products are banned, it said. “It is thus unlikely that consumers would experience any supply-related impact if the orders should issue.” Amperex, DJI and Oppo representatives didn’t comment Wednesday.