Valence Technology Wins European Patent Appeal
February 06 2012 - 9:05AM
Valence Technology, Inc. (Nasdaq:VLNC), a leading U.S.-based global
manufacturer of advanced energy storage solutions for commercial
applications prevailed in seeking the dismissal of an appeal by
Hydro-Quebec (HQ) of a decision of the European Patent Office
revoking a HQ European patent. The EPO Patent corresponded to the
primary HQ patent being litigated in the Western District of Texas
Federal Court (Austin). The patent is related to lithium metal
phosphate technology.
Valence had challenged the grant of European Patent number
0904607, originally held by the University of Texas and now
assigned to HQ, in an opposition proceeding in the European Patent
Office filed on July 27, 2005. In December 2008, the EPO Opposition
Board revoked the grant of the patent based on evidence presented
by Valence showing that the patent lacked novelty. The Board's
decision revoking HQ's European Patent eliminated any risk that HQ
could assert the European Patent against Valence's proprietary
lithium iron magnesium phosphate cathode material, a critical
material for the next generation of advanced batteries. HQ filed an
appeal of the 2008 revocation of the European Patent. The appeal
hearing was heard and decided on February 2, 2012, by an EPO Board
of Appeal, which dismissed HQ's appeal. As a result of the
decision, European Patent number 0904607 has been revoked by the
EPO in its entirety. Valence was represented in the opposition
and the appeal by Dr. Claus Beckmann of the German Intellectual
Property Law firm Kraus & Weisert.
"This decision removes any possible patent infringement claim
under the Hydro-Quebec European Patent, thereby affirming Valence's
unrestricted right to market its unique, patented lithium phosphate
powder batteries in Europe. Valence's intellectual property is
a key asset and we intend to vigorously protect our worldwide
patent estate," said Roger Williams, Valence's General Counsel.
About Valence Technology, Inc.
Valence Technology is a global leader in the development and
manufacture of safe, long-life lithium iron magnesium phosphate
advanced energy storage solutions and integrated command and
control logic. Headquartered in Austin, Texas, Valence enables and
powers some of the world's most innovative and environmentally
friendly applications, ranging from commercial electric vehicles to
industrial and marine equipment. Valence Technology today offers a
proven technology and manufacturing infrastructure that delivers
ISO-certified products and processes that are protected by an
extensive global patent portfolio. In addition to the corporate
headquarters in Texas, Valence Technology has its Research &
Development Center in Nevada, its Europe/Asia Pacific Sales office
in Northern Ireland, manufacturing facilities in China, and global
fulfillment centers in North America and Europe. Valence Technology
is traded on the NASDAQ Capital Market under the ticker symbol
"VLNC." For more information, visit www.valence.com.
The Valence Technology, Inc. logo is available at
http://www.globenewswire.com/newsroom/prs/?pkgid=10210
Safe Harbor
Statement
This press release contains forward-looking statements within
the meaning of the Private Securities Litigation Reform Act of 1995
including our statements regarding protecting our worldwide patent
estate. Actual results may vary substantially from these
forward-looking statements as a result of a variety of factors
including the outcome of any future litigation regarding our
intellectual property, our ability to effectively protect our
intellectual property rights in Europe and other countries, our
ability to further develop our intellectual property rights
including our patent portfolio, financial or other limitations on
our ability to protect our intellectual property and the actual
performance characteristics of our products. In addition, patents
are geographically territorial and a decision on European patents
generally affects the acts of making, using, selling and importing
products utilizing such technology in Europe. Other risk factors
that could affect our actual results are discussed in our periodic
reports filed with the Securities and Exchange Commission,
including our Annual Report on Form 10-K for the year ended March
31, 2011, and our Quarterly Reports on Form 10-Q, and the reader is
directed to these statements for a further discussion of important
factors that could cause actual results to differ materially from
those in the forward-looking statements.
CONTACT: IR Contact:
Bob Gray
Valence Technology, Inc.
512.527.2921
investor@valence.com
PR Contact:
Jeff Fox
The Blueshirt Group
415.828.8298
jeff@blueshirtgroup.com
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