A123 in talks to settle battery patent fight

By Bloomberg


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A123 Systems Inc., a maker of lithium batteries for plug-in cars that has only just now sold stock, is in talks to end a patent dispute with the University of Texas and Hydro-Quebec over technology underlying its products.

The parties “continue to engage in ongoing settlement discussions that may resolve the issues in dispute in this matter,” A123 said in a September 15 court filing. Shares of the Watertown, Massachusetts-based company soared 50 percent in the first day of trading on optimism A123 will benefit from the U.S. push for battery-powered vehicles.

“We have a strong business model and don’t see this as a major issue,” Ric Fulop, A123’s co-founder and vice president of business development, said in an interview. He declined to discuss the litigation or settlement discussions.

A123Â’s goal is to be the top U.S. supplier of batteries for cars powered solely or in part by electricity as the Obama administration pushes for vehicles that cut gasoline use and carbon exhaust. Customers for the company, partly owned by General Electric Co., include Bayerische Motoren Werke AG, Chrysler Group LLC, General Motors Co., Shanghai Automotive Industry Corp. and Delphi Corp., according to a September 22 prospectus.

A123 rose $6.79, or 50 percent, to $20.29 in trading of 41 million shares on the Nasdaq Stock Market.

The university, located in Austin, and Hydro-Quebec, CanadaÂ’s largest utility, sued A123, Black & Decker Corp. and China BAK Battery Inc. in 2006, claiming the companies were using school inventions in Black & DeckerÂ’s DeWalt cordless power tools. A123 sued Hydro-Quebec, seeking to invalidate the patents or get a ruling the inventions werenÂ’t used in A123Â’s battery technology.

Both cases were put on hold while the U.S. Patent and Trademark Office reviewed the patents. The patents were reissued with some alterations. The companies are fighting over whether the dispute, if revived, should be handled in federal court in Dallas, where the universityÂ’s suit was filed, or in Boston, where A123 sued Montreal-based Hydro-Quebec.

In a September 22 regulatory filing, A123 said it could be forced to pay “substantial damages” if the case isn’t resolved in its favor.

“In addition, an adverse ruling could cause us, and our customers, development partners and licensees, to stop, modify or delay activities in the United States such as research, development, manufacturing and sales of products based on technologies covered by these patents,” A123 said in the filing.

A123Â’s competitors in the emerging market to supply lithium-ion batteries for passenger vehicles include Panasonic EV Energy Co., a Toyota Motor Corp. subsidiary thatÂ’s the largest supplier of hybrid car packs, GS Yuasa Corp., South KoreaÂ’s LG Chem Ltd., Johnson Controls-Saft Advanced Power Solutions LLC and ChinaÂ’s BYD Co., in which Warren Buffett has a HK$1.8 billion (US$232 million) stake.

The university said its technology related to rechargeable lithium iron-phosphate batteries was developed by John Goodenough, a scientist and professor working at the schoolÂ’s material science and engineering department. Hydro-Quebec licensed the patents with the rights to make cathode materials and batteries based on GoodenoughÂ’s inventions, according to the schoolÂ’s complaint.

The agreement gives Hydro-Quebec exclusive worldwide rights to make and sell lithium iron-phosphate batteries for computers, tools, scooters, consumer electronics and hybrid electric vehicles, the university contends.

China BAK, based in Kuichong Town, Shenzhen, makes the A123 batteries which are used in the tools made by Towson, Maryland- based Black & Decker. A123, founded by Fulop and Yet-Ming Chiang, a Massachusetts Institute of Technology scientist, said it improved upon the Texas universityÂ’s work.

The university, in its complaint, contended that A123 was “building its business on infringing products,” described its patents as “pioneering” and said any battery cathode materials using the iron-phosphate technology are infringing its patents.

The University of Texas wants to amend the complaint to reflect changes that were made during the patent office review process. A123Â’s September 15 filing was to seek more time to respond to that request.

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Share of coal in UK's electricity system falls to record lows

UK Coal Phase-Out marks record-low coal generation as the UK grid shifts to renewable power, wind farms, and a net zero trajectory, slashing carbon emissions and supporting cleaner EV charging across the electricity system.

 

Key Points

UK Coal Phase-Out ends coal-fired electricity nationwide, powered by renewables and net zero policy to cut grid carbon.

✅ Coal's Q2 share fell to 0.7%, a record low

✅ Renewables up 12% with Beatrice wind farm

✅ EV charging grows cleaner as grid decarbonizes

 

The share of coal in the UK’s electricity system has fallen to record lows in recent months, alongside a coal-free power record, according to government data.

The figures show electricity generated by the UK’s most polluting power plants made up an average of 0.7% of the total in the second quarter of this year, a shift underway since wind first outpaced coal in 2016 across the UK. The amount of coal used to power the electricity grid fell by almost two-thirds compared with the same months last year.

A government spokesperson said coal-generated energy “will soon be a distant memory” as the UK moves towards becoming a net zero emissions economy, despite signs that low-carbon generation stalled in 2019 in some analyses.

“This new record low is a result of our world-leading low-carbon energy industry, which provided more than half of our energy last year and continues to go from strength to strength as we aim to end our contribution to climate change entirely by 2050,” the spokesperson said.

The UK electricity market is on track to end coal power after 142 years by the government’s target date of 2025.

This year three major energy companies have announced plans to close coal-fired power plants in the UK, which would leave only four remaining after the coming winter, ahead of the last coal power station going offline nationwide.

RWE said this month it would close the Aberthaw B power station in south Wales, its last UK coal plant, after the winter. SSE will close the Fiddler’s Ferry plant near Warrington, Cheshire, in March 2020, and EDF Energy will shutter the Cottam coal plant in September.

So far this year the UK has gone more than 3,000 hours without using coal for power, including a full week without coal earlier in the year – nearly five times more than the whole of 2017.

Meanwhile, the government’s data shows that renewable energy climbed by 12% from the second quarter of last year, boosted by the startup of the Beatrice windfarm in the Moray Firth in Scotland, and the UK leading the G20 in wind power share in recent assessments.

The cleaner power system could accelerate carbon savings from the UK’s roads, too, as more drivers opt for electric vehicles. A study by Imperial College London for the energy company Drax found that the UK’s increasingly low-carbon energy system meant electric cars were a greener option even when taking into account the carbon emissions produced by making car batteries.

Dr Iain Staffell, of Imperial College London, said: “An electric vehicle in the UK simply cannot be more polluting than its petrol or diesel equivalent – even when taking into account the upfront carbon cost of manufacturing their batteries. Any EV bought today could be emitting just a tenth of what a petrol car would in as little as five years’ time, as the electricity it uses to charge comes from an increasingly low-carbon mix.”

 

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BC announces grid development, job creation

BC Hydro Power Pathway accelerates electrification with clean energy investments, new transmission lines, upgraded substations, and renewable projects like wind and solar, strengthening the grid, supporting decarbonization, and creating jobs across British Columbia's growing economy.

 

Key Points

A $36B, 10-year BC Hydro plan to expand clean power infrastructure, accelerate electrification, and support jobs.

✅ $36B for new lines, substations, dam upgrades, and distribution

✅ Supports 10,500-12,500 jobs per year across B.C.

✅ Adds wind and solar, leveraging hydro to balance renewables

 

BC Hydro is gearing up for a decade of extensive construction to enhance British Columbia's electrical system, supporting a burgeoning clean economy and community growth while generating new employment opportunities.

Premier David Eby emphasized the necessity of expanding the electrical system for industrial growth, residential needs, and future advancements. He highlighted the role of clean, affordable energy in reducing pollution, securing well-paying jobs, and fostering economic growth.

At the B.C. Natural Resources Forum in Prince George, Premier Eby unveiled a $36-billion investment plan for infrastructure projects in communities and regions and green energy solutions to provide clean, affordable electricity for future generations.

The Power Pathway: Building BC’s Energy Future, BC Hydro’s revised 10-year capital plan, involves nearly $36 billion in investments across the province from 2024-25 to 2033-34. This marks a 50% increase from the previous plan of $24 billion and includes a substantial rise in electrification and emissions-reduction projects (nearly $10 billion, up from $1 billion).

These upcoming construction projects are expected to support approximately 10,500 to 12,500 jobs annually. The plan is set to bolster and sustain BC Hydro’s capital investments as significant projects like Site C are near completion.

The plan addresses the increasing demand for electricity due to population and housing growth, industrial development, such as a major hydrogen project, and the transition from fossil fuels to clean electricity. Key projects include constructing new high-voltage transmission lines from Prince George to Terrace, building or expanding substations in high-growth areas, and upgrading dams and generating facilities for enhanced safety and efficiency.

Minister of Energy, Mines, and Low Carbon Innovation Josie Osborne stated that this plan aims to build a clean energy future and support EV charging expansion while creating construction jobs. With BC Hydro’s capital plan allocating almost $4 billion annually for the next decade, it will drive economic growth and ensure access to clean, affordable electricity.

BC Hydro aims to add new clean, renewable energy sources like wind and solar, while acknowledging power supply challenges that must be managed as capacity grows. B.C.’s hydroelectric dams, functioning as batteries, enable the integration of intermittent renewables into the grid, providing reliable backup.

Chris O’Riley, president and CEO of BC Hydro, said the grid is one of the world’s cleanest. The new $36 billion capital plan encompasses investments in generation assets, large transmission infrastructure, and local distribution networks.

In partnership with BC Hydro, Premier Eby also announced a new streamlined approval process to expedite electrification for high-demand industries and support job creation, complementing measures like the BC Hydro rebate and B.C. Affordability Credit that help households.

Minister of Environment and Climate Change Strategy George Heyman highlighted the importance of rapid electrification in collaboration with the private sector to achieve CleanBC climate goals by 2030, including corridor charging via the BC's Electric Highway, and maintain the competitiveness of B.C. industries. The new process will streamline approvals for industrial electrification projects, enhancing efficiency and funding certainty.

 

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Hydro One bends to government demands, caps CEO pay at $1.5M

Hydro One CEO Pay Cap sets executive compensation at $1.5 million under Ontario's provincial directive, linking incentives to transmission and distribution cost reductions, governance improvements, and board pay limits at the electricity utility.

 

Key Points

The Hydro One CEO Pay Cap limits pay to $1.5M, linking incentives to cost reductions and defined targets.

✅ Base salary set at $500,000 per year.

✅ Incentives capped at $1,000,000, tied to cost cuts.

✅ Board pay capped: chair $120,000; members $80,000.

 

Hydro One has agreed to cap the annual compensation of its chief executive at $1.5 million, the provincial utility said Friday, acquiescing to the demands of the Progressive Conservative government.

The CEO's base salary will be set at $500,000 per year, while short-term and long-term incentives are limited to $1 million. Performance targets under the pay plan will include the CEO's contributions to reductions in transmission and distribution costs, even as Hydro One has pursued a bill redesign to clarify charges for customers.

The framework represents a notable political victory for Premier Doug Ford, who vowed to fire Hydro One's CEO and board during the campaign and promised to reduce the annual earnings of Hydro One's board members.

In February, the province issued a directive to the board, ordering it to pay the utility's CEO no more than the $1.5 million figure it has now agreed to, as part of a broader push to lower electricity rates across Ontario.

Hydro One and the government had been at loggerheads over executive compensation, with the company refusing repeated requests to slash the CEO pay below $2,775,000. The board argued it would have difficulty recruiting suitable leaders for anything less, even as customers contend with a recovery rate that could raise hydro bills.

Further, the company agreed to pay the board chair no more than $120,000 annually and board members no more than $80,000 — figures Energy Minister Greg Rickford had outlined in his directive last month, amid calls for cleaning up Ontario's hydro mess from policy commentators.

"Hydro One's compliance with this directive allows us to move forward as a province. It sets the company on the right course for the future, proving that it can operate as a top-class electricity utility while reining in executive compensation and increasing public transparency," Rickford said in a statement issued Friday morning.

 

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German coalition backs electricity subsidy for industries

Germany Industrial Electricity Price Subsidy weighs subsidies for energy-intensive industries to bolster competitiveness as Germany shifts to renewables, expands grid capacity, and debates free-market tax cuts versus targeted relief and long-term policies.

 

Key Points

Policy to subsidize power for energy-intensive industry, preserving competitiveness during the energy transition.

✅ SPD backs 5-7 cents per kWh for 10-15 years

✅ FDP prefers tax cuts and free-market pricing

✅ Scholz urges cheap renewables and grid expansion first

 

Germany’s three-party coalition is debating whether electricity prices for energy-intensive industries should be subsidised in a market where rolling back European electricity prices can be tougher than it appears, to prevent companies from moving production abroad.

Calls to reduce the electricity bill for big industrial producers are being made by leading politicians, who, like others in Germany, fear the country could lose its position as an industrial powerhouse as it gradually shifts away from fossil fuel-based production, amid historic low energy demand and economic stagnation concerns.

“It is in the interest of all of us that this strong industry, which we undoubtedly have in Germany, is preserved,” Lars Klingbeil, head of Germany’s leading government party SPD (S&D), told Bayrischer Rundfunk on Wednesday.

To achieve this, Klingbeil is advocating a reduced electricity price for the industry of about 5 to 7 cents per Kilowatt hour, which the federal government would subsidise. This should be introduced within the next year and last for about 10 to 15 years, he said.

Under the current support scheme, which was financed as part of the €200 billion “rescue shield” against the energy crisis, energy-intensive industries already pay 13 cents per Kilowatt hour (KWh) for 70% of their previous electricity needs, which is substantially lower than the 30 to 40 cents per KWh that private consumers pay.

“We see that the Americans, for example, are spending $450 billion on the Inflation Reduction Act, and we see what China is doing in terms of economic policy,” Klingbeil said.

“If we find out in 10 years that we have let all the large industrial companies slip away because the investments are not being made here in Germany or Europe, and jobs and prosperity and growth are being lost here, then we will lose as a country,” he added.

However, not everyone in the German coalition favours subsidising electricity prices.

Finance Minister Christian Lindner of the liberal FDP (Renew), for example, has argued against such a step, instead promoting free-market principles and, amid rising household energy costs, reducing taxes on electricity for all.

“Privileging industrial companies would only be feasible at the expense of other electricity consumers and taxpayers, for example, private households or the small trade sector,” Lindner wrote in an op-ed for Handelsblatt on Tuesday.

“Increasing competitiveness for some would mean a loss of competitiveness for others,” he added.

Chancellor Olaf Scholz, himself a member of SPD, was more careful with his words, amid ongoing EU electricity reform debates in Brussels.

Asked about a subsidised electricity price for the industry at a town hall event on Monday, Scholz said he does not “want to make any promises now”.

“First of all, we have to make sure that we have cheap electricity in Germany in the first place,” Scholz said, promoting the expansion of renewable energy such as wind and solar, as local utilities cry for help, as well as more electricity grid infrastructure.

“What we will not be able to do as an economy, even as France’s new electricity pricing scheme advances, is to subsidise everything that takes place in normal economic activity,” Scholz said. “We should not get into the habit of doing that,” he added.

 

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U.S. offshore wind power about to soar

US Offshore Wind Lease Sales signal soaring renewable energy growth, drawing oil and gas developers, requiring BOEM auctions, seismic surveying, transmission planning, with $70B investment, 8 GW milestones, and substantial job creation in coastal communities.

 

Key Points

BOEM-run auctions granting areas for offshore wind, spurring projects, investment, and jobs in federal waters.

✅ $70B investment needed by 2030 to meet current demand

✅ 8 GW early buildout could create 40,000 US jobs

✅ Requires BOEM auctions, seismic surveying, transmission corridors

 

Recent offshore lease sales demonstrate that not only has offshore wind arrived in the U.S., but it is clearly set to soar, as forecasts point to a $1 trillion global market in the coming decades. The level of participation today, especially from seasoned offshore oil and gas developers, exemplifies that the offshore industry is an advocate for the 'all of the above' energy portfolio.

Offshore wind could generate 160,000 direct, indirect and induced jobs, with 40,000 new U.S. jobs with the first 8 gigawatts of production, while broader forecasts see a quarter-million U.S. wind jobs within four years.

In fact, a recent report from the Special Initiative on Offshore Wind (SIOW), said that offshore wind investment in U.S. waters will require $70 billion by 2030 just based on current demand, and the UK's rapid scale-up offers a relevant benchmark.

Maintaining this tremendous level of interest from offshore wind developers requires a reliable inventory of regularly scheduled offshore wind sales and the ability to develop those resources. Coastal communities and extreme environmental groups opposing seismic surveying and the issuance of incidental harassment authorizations under the Marine Mammal Protection Act may literally take the wind out of these sales. Just as it is for offshore oil and gas development, seismic surveying is vital for offshore wind development, specifically in the siting of wind turbines and transmission corridors.

Unfortunately, a long-term pipeline of wind lease sales does not currently exist. In fact, with the exception of a sale proposed offshore New York offshore wind or potentially California in 2020, there aren't any future lease sales scheduled, leaving nothing upon which developers can plan future investments and prompting questions about when 1 GW will be on the grid nationwide.

NOIA is dedicated to working with the Bureau of Ocean Energy Management and coastal communities, consumers, energy producers and other stakeholders, drawing on U.K. wind lessons where applicable, in working through these challenges to make offshore wind a reality for millions of Americans.

 

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'Unlayering' peak demand could accelerate energy storage adoption

Duration Portfolio Energy Storage aligns layered peak demand with right-sized batteries, enabling peak shaving, gas peaker replacement, and solar-plus-storage synergy while improving grid flexibility, reliability, and T&D deferral through two- to four-hour battery durations.

 

Key Points

An approach that layers battery durations to match peaks, cut costs, replace peakers, and boost grid reliability.

✅ Layers 2- to 4-hour batteries by peak duration

✅ Enables solar-plus-storage and peak shaving

✅ Cuts T&D upgrades, emissions, and fuel costs

 

The debate over energy storage replacing gas-fired peakers has raged for years, but a new approach that shifts the terms of the argument could lead to an acceleration of storage deployments.

Rather than looking at peak demand as a single mountainous peak, some analysts now advocate a layered approach that allows energy storage to better match peak needs and complement ongoing efforts to improve solar and wind power across the grid.

"You don’t have to have batteries that run to infinity."

Some developers of solar-plus-storage projects, bolstered by cheap batteries, say they can already compete head-to-head with gas-fired peakers. "I can beat a gas peaker anywhere in the country today with a solar-plus-storage power plant," Tom Buttgenbach, president and CEO of developer 8minutenergy Renewables, recently told S&P Global.

Customers are very busy these days and rebate programs need to fit the speed of their life. Participation should be quick, easy, and accessible anywhere.

Others disagree. Storage is not disruptive for generation, but will be disruptive for transmission and distribution, Kris Zadlo, executive vice president and chief development officer at Invenergy, told the audience at a Bloomberg New Energy Finance conference last spring. Invenergy, like many renewable power developers, develops generation, energy storage and transmission projects.

But there is another path that avoids the pitfalls of positions on either end of the all-or-none approach. "Do the analysis of the need itself," Ray Hohenstein, market applications director at Fluence, told Utility Dive. If the need is only two hours in duration, it may be best served by a two-hour battery. "You don’t have to have batteries that run to infinity."

 

Storage vs. fossil fuel peakers

Energy storage has several benefits over traditional fossil fuel peaking plants, Hohenstein said. It is instantaneous, it has no emissions and requires no fuel, and has limited infrastructure needs. It can also help the grid absorb higher levels of renewable generation by soaking up excess output, such as solar power at noon, and many planned storage additions will be paired with solar in the next few years. But the one thing energy storage cannot do, he said, is provide limitless energy.

So, instead of looking at replacing an individual peaker, Hohenstein advocated a "duration portfolio" approach that uses energy storage to shave peak load.

If the need is for 150 MW of resources that will never need to run for more than two hours at a time, then a battery is "quite cheap," significantly less than a four or eight-hour battery, said Hohenstein. "If you fill up your peak by duration layer, it could be more cost effective."

 

NREL research driver

Fluence’s approach is informed by research by Paul Denholm and Robert Margolis at the National Renewable Energy Laboratory (NREL), released last spring.

The NREL researchers looked at the California market where they said 11 GW of fossil fuel capacity is expected to be retired by 2029 because of new once-through-cooling requirements that are taking effect. A lot of that capacity is peaking capacity and, according to NREL’s analysis, a large fraction could be replaced with four-hour energy storage, assuming continued storage cost reductions and growth in solar installations.

The key in NREL’s research was the level of solar power penetration. There is a "synergistic" relationship between solar penetration and storage deployment, the researchers wrote, and other studies suggest wind and solar could meet 80% of U.S. demand as these trends continue.

 

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