Certain Secondary Cylindrical Batteries, Components Thereof, and Products Containing the Same; Notice of Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 21, 2026, under section 337 of the Tariff Act of 1930, as amended, on beha...
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 21, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of LG Energy Solution Ltd. of Korea and LG Energy Solution Arizona, Inc. of Queen Creek, Arizona. A supplement was filed on August 5, 2026. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain secondary cylindrical batteries, components thereof, and products containing the same by reason of the infringement of certain claims of U.S. Patent No. 8,420,257 (“the '257 patent”); U.S. Patent No, 11,749,866 (“the '866 patent”); U.S. Patent No. 12,412,924 (“the '924 patent”); U.S. Patent No. 12,412,965 (“the '965 patent”); and U.S. Patent No. 12,646,735 (“the '735 patent”). The complaint, as supplemented, further alleges that an industry in the United States is in the process of being established as required by the applicable Federal Statute.
The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
ADDRESSES:
The complaint, except for any confidential information contained therein, may be viewed on the Commission's electronic docket (EDIS) at
edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server at
www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION:
Authority:
The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2025).
Scope of Investigation:
Having considered the complaint, the U.S. International Trade Commission, on August 20, 2026,
ordered that
—
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1-6 of the '257 patent; claims 1, 4-6, and 9 of the '866 patent; claims 1-9, 12, 14, 16-19, 21-25, and 27-30 of the '924 patent; claims 1, 4, 7-11, 14, 15, 19, 20, 22-24, and 26-33 of the '965 patent; and claims 1, 6, 10, 12, 13, and 15 of the '735 patent, and whether an industry in the United States is in the process of being established as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is “secondary (
i.e.,
rechargeable) cylindrical batteries, components thereof (
e.g.,
top cap assembly, electrode windings, separator, battery housings, and assemblies thereof), and products containing the same”;
(3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a) The complainants are:
LG Energy Solution Ltd., Parc. 1 Tower, 108, Yeoui-daero, Yeongdeungpo-gu, Seoul, 07335, Republic of Korea
LG Energy Solution Arizona, Inc., 335 E. Pecos Road, Queen Creek, AZ 85140
(b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:
EVE Energy Co., Ltd., No. 38, Huifeng 7th Road, Zhongkai Hi-Tech Zone, Huizhou, Guangdong, 516006, China
EVE Energy North America Corporation, 7910 N Central Dr., Lewis Center, OH 43035
EVE Energy U.S. Holding LLC, 20191 Windrow Drive, Suite B, Lake Forest, CA 92630
Robert Bosch GmbH, Robert-Bosch-Platz 170839 Gerlingen-Schillerhöhe, Germany
Robert Bosch Tool Corporation, 1800 West Central Road, Mount Prospect, IL 60056
Koki Holdings Co., Ltd., Shinagawa Intercity Towers A, 20th Floor, 15-1, Konan 2-chome, Minato-ku, Tokyo 108-6020, Japan
Koki Holdings America Ltd., 1111 Broadway Avenue, Braselton, GA 30517
Chervon (China) Trading Co., Ltd., No. 99 Tianyuan West Road, Jiangning, Economic and Technological Development, Zone, Nanjing, Jiangsu Province, 211106, China
Nanjing Chervon Industry Co., Ltd., No. 529 and 159, Jiangjun Avenue, Jiangning District, Nanjing (Jiangning Development Zone), Jiangsu, 211111, China
Chervon North America, Inc., 1203 E Warrenville Rd., Naperville, IL 60563
(4) For the investigation so instituted, the Chief Administrative Law Judge,
( printed page 54765)
U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as a party in this investigation.
Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.