John,
That was a required REPORT to SEC about a PRESS RELEASE ABOUT the settlement
agreement; in no way, shape or form were the "confidential" [SECRET] provisions
of that Agreement released or made explicit in any way.
If you look at what was released: PEVE was enjoined from "certain" applications
prior to 2007, others prior to 2010, and others Dec., 2014.
The provisions of this "deal with the devil" were never made public, and are
protected, no doubt, by very stringent provisions in the agreement itself that
both parties bind themselves to not making it public (beyond the mere report
that it was agreed to, and the reference to "certain" applications).
----------------------------------------
"In March 2001, ECD and its subsidiary Ovonic Battery Company, Inc. (Ovonic
Battery) [SUED] Matsushita...and...Toyota ... for infringement of certain of
Ovonic Battery's NiMH patents in connection with hybrid electric vehicle battery
and consumer battery sales in the United States..."
"In October 2001, Cobasys...joined the litigation as a co-plaintiff...
"In December 2001, ECD, Ovonic Battery and Cobasys filed an arbitration demand
with the International Chamber of Commerce on the claims held to be arbitrable
by the Federal District Court as well as additional patent infringement claims.
Also in December 2001, the parties initiated settlement discussion and, in
January 2002, the Federal District Court granted a joint motion to stay further
proceedings in the litigation pending the outcome of settlement discussions.
The International Chamber of Commerce also agreed to
hold its proceedings in abeyance pending settlement discussions.
"In December 2002, ECD, Ovonic Battery and Cobasys entered into an
arbitration agreement with...Toyota...
"The arbitration proceeding was held in New York City and began in November 2003
and concluded in January 2004. Since the conclusion of the arbitration
proceedings, the parties have been engaged in discussions aimed at settlement of
the disputes.
"The Settlement
"...ECD, Ovonic Battery, Cobasys and MEI,PEVE, Toyota have entered into an
agreement pursuant to which the parties have cross-licensed current and future
patents related to NiMH batteries filed through December 31, 2014, effective
upon the date of settlement. The licenses granted by ECD, Ovonic Battery and
Cobasys do not grant rights to MEI, PEVE or Toyota to use the licensed patents
to
(i) offer for sale certain NiMH batteries for certain transportation
applications in North America until after June 30, 2007 or
(ii) sell commercial quantities of certain transportation and certain stationary
power NiMH batteries in North America until after June 30, 2010...
"...Cobasys and PEVE have agreed to a technical cooperation arrangement...to
advance the state-of-the-art of NiMH batteries, which are widely used in hybrid
electric vehicles (HEVs).
"Cobasys and PEVE have also agreed to collaborate on
the development of next-generation high-performance NiMH batteries for HEVs. In
addition to manufacturing their own line of NiMH batteries, Cobasys will be the
distributor of PEVE's NiMH batteries to certain markets in North America through
June 30, 2010.
Payments
--------
"ECD and Ovonic Battery will receive a non-refundable patent license fee of $10
million in consideration of the licenses granted to MEI/PEVE with respect to
NiMH batteries for consumer applications.
"Cobasys will receive a non-refundable patent license fee of $20 million in
consideration of the licenses granted to MEI/PEVE and Toyota, of which $4
million will be placed in escrow to be used to pay PEVE upon reaching certain
milestones under the next-generation high-performance NiMH battery module
development project plan. Cobasys will, upon the receipt of the funds, pay
Ovonic Battery $8 million and pay ChevronTexaco $8 million as partial
reimbursement of legal expenses.
"Cobasys will also receive royalties through December 31, 2013, on certain NiMH
batteries sold by MEI/PEVE in North America.
Exhibit Index
-------------
99.1 Press Release issued by ECD announcing settlement of patent
infringement disputes involving nickel metal hydride batteries.
3
8-K 4th Page of 5 TOC 1st Previous Next Bottom Just 4th
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
Registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.
ENERGY CONVERSION DEVICES, INC.
By: /s/ Stephan W. Zumsteg
------------------------------------------
Vice President and Chief Financial Officer
--- In electric_vehicles_for_sale@yahoogroups.com, JS <za145@...> wrote:
>
> For those interested in seeing the settlement look at
>
> http://www.secinfo.com/d1Z31.12b.htm
>
> John in Sylmar, CA
> -------------------
>
> murdoch wrote:
> >
> > Here is a new (to me) voice on the scene:
> >
> > http://www.dcmonitor.com/default.htm <http://www.dcmonitor.com/default.htm>
> >
http://www.amazon.com/Two-Cents-per-Mile-President/dp/0615293913/ref=sr_1_1?ie=U\
TF8&s=books&qid=1245117578&sr=8-1
> >
<http://www.amazon.com/Two-Cents-per-Mile-President/dp/0615293913/ref=sr_1_1?ie=\
UTF8&s=books&qid=1245117578&sr=8-1>
> >
> > The focus on Hydrogen seems dated, but the focus on getting action out
> > of the Obama administration on NiMH is one that I like.
>