PLAINTIFF TESLA, INC.’S COMPLAINT 

FOR PATENT INFRINGEMENT AGAINST CAP-XX, LTD. PAGE 1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

TESLA, INC., 

 Plaintiff, 

 v. 

CAP-XX, LTD., 

 Defendant. 

Case No. 

DEMAND FOR JURY TRIAL 

PLAINTIFF TESLA, INC.’S COMPLAINT FOR 

PATENT INFRINGEMENT 

Plaintiff Tesla, Inc. (“Plaintiff” or “Tesla”) hereby alleges for its Complaint against 

Defendant CAP-XX, Ltd. (“Defendant” or “CAP-XX”) as follows: 

NATURE OF ACTION

1. This is an action for infringement of United States Patent Nos. 8,279,580 (the “’580 

patent”) and 8,591,601 (the “’601 patent”) (collectively, the “Asserted Patents”) under the Patent 

Laws of the United States, 35 U.S.C. § 271, et seq. A true and accurate copy of the ՚580 patent is 

attached as Exhibit A and a true and accurate copy of the ’601 patent is attached as Exhibit B. 

2. CAP-XX previously filed suit against Maxwell Technologies, Inc. (“Maxwell”), 

which is a subsidiary of Tesla, alleging that Maxwell infringed U.S. Pat. Nos. 6,920,034 and 

7,382,600. Maxwell has a history of innovation that has resulted in its own patents, now assigned 

to Tesla, and thus Tesla brings this suit against CAP-XX to protect its intellectual property rights. 

PARTIES

3. Plaintiff Tesla is a multinational automotive and clean energy company, having a 

principal address at 13101 Tesla Road, Austin, Texas 78725. 

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4. Defendant CAP-XX is an Australian company with a principal place of business at 

Unit 9, 12 Mars Road, Lane Cove, NSW, 2066, Australia. 

JURISDICTION AND VENUE

5. This is an action for patent infringement arising under the patent laws of the United 

States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 

§§ 1331 and 1338. 

6. This Court has personal jurisdiction over CAP-XX pursuant to the laws of the State 

of Texas, including Texas Civil Practice and Remedies Code § 17.042.10, because CAP-XX is 

engaged in substantial and not isolated activity within the State of Texas. This Court has specific 

jurisdiction over CAP-XX because CAP-XX (a) has committed acts of infringement in the State 

of Texas giving rise to this action; and (b) has established more than minimum contacts within the 

State of Texas, such that exercise of jurisdiction over CAP-XX in this Court would not offend 

traditional notions of fair play and substantial justice. 

7. CAP-XX markets and distributes its infringing supercapacitor products throughout 

the world, including all fifty states of the United States, and throughout Texas, and has established 

distribution channels for its supercapacitor products in Texas. 

8. For example, CAP-XX’s website describes that its distributors are in the United 

States, including in Texas: 

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9. Venue is proper in this judicial district pursuant to pursuant to 28 U.S.C. 

§ 1391(c)(3) because CAP-XX is a foreign corporation and may be sued in any judicial district. 

THE ASSERTED PATENTS 

10. On October 2, 2012, the ’580 patent, entitled “Electrode for Energy Storage Device 

with Microporous and Mesoporous Activated Carbon Particles,” was duly and legally issued by 

the United States Patent and Trademark Office. The ’580 patent names Linda Zhong and Xiaomei 

Xi as inventors. 

11. On November 26, 2013, the ’601 patent, entitled “Electrode for Energy Storage 

Device with Microporous and Mesoporous Activated Carbon Particles,” was duly and legally 

issued by the United States Patent and Trademark Office. The ’601 patent names Linda Zhong 

and Xiaomei Xi as inventors. 

12. Drs. Zhong and Xi assigned their rights as inventors to the Asserted Patents to 

Maxwell Technologies, Inc. Maxwell Technologies Inc. later assigned its rights to the Asserted 

Patents to Tesla, Inc. Plaintiff is currently the owner of the entire right, title, and interest of the 

Asserted Patents. 

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13. The Asserted Patents are generally directed to an electrode for use in 

electrochemical double layer capacitors (EDLCs) (commonly known as “supercapacitors”), hybrid 

capacitors, and battery devices. A supercapacitor’s electrodes are the primary source of the 

device’s power capabilities – double layers of charges are formed at the interface between the 

electrodes and the electrolyte in which they are immersed. 

14. Electrodes are often made from porous carbon materials whereby the pores help 

provide large effective surface areas for interaction with the electrolyte. The size of the pores 

impacts the overall effective surface area of the electrode. The electrodes according to the 

invention of the Asserted Patents use a combination of micropores and mesopores. 

15. Claim 1 of the ’580 patent is exemplary and recites: 

1. An electrode for an energy storage device comprising: 

a current collector; and 

a film of active electrode material attached to the current 

collector, wherein the total amount of activated carbon having 

between about 70 and 98 percent microporous activated carbon 

particles of the total amount of activated carbon by weight and 

between about 2 and 30 percent mesoporous activated carbon 

parties of the total amount of activated carbon by weight. 

(Ex. A (’580 patent), cl. 1.) 

16. Claim 1 of the ’601 patent is also exemplary and recites: 

1. A method of making an active electrode material, the method comprising: 

providing activated carbon having between about 70 and 98 percent 

microporous activated carbon particles of a total amount of activated 

carbon by weight and between about 2 and 30 percent mesoporous 

activated carbon particles of the total amount of activated carbon by 

weight; 

providing binder; and 

mixing the activated carbon and the binder to form an active electrode 

material mixture. 

(Ex. B (’601 patent), cl. 1.) 

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CAP-XX’S INFRINGING PRODUCTS 

17. CAP-XX is a manufacturer and distributor of supercapacitor products. 

18. CAP-XX’s supercapacitor products use electrodes. For example, patents assigned 

to CAP-XX show that CAP-XX’s products are “charge storage device[s]” that include electrodes. 

(See, e.g., Ex. C (U.S. Patent No. 7,382,600), cl. 1 (describing a “charge storage device comprising: 

a first electrode; [and] a second electrode being spaced apart from the first electrode”).) 

19. Other of CAP-XX’s public documents similarly describe the use of electrodes in 

CAP-XX supercapacitor products. (See Ex. D (Product Guide) at 14 (describing “failure modes” 

including from “misalignment of the separator between electrodes.”).) 

20. The electrodes of CAP-XX’s supercapacitors include current collectors. Among 

other functions, the current collectors collect energy generated by the electrodes and conduct that 

energy to the device terminals, which transfer energy to applications external to the supercapacitor. 

21. Patents assigned to CAP-XX inform that CAP-XX’s supercapacitor products have 

current collectors. For example, U.S. Patent Application 2014/0098466, assigned to CAP-XX, 

describes: 

“These supercapacitors developed by the Applicant ... include two opposed 

electrodes maintained in a predetermined spaced apart electrically isolated 

configuration by an intermediate electronically insulating separator. The 

electrodes consist of metal current collectors and a coating material typically 

formed from particulate carbon and a binder used for adhering the carbon to 

itself and to the associate current collector.” 

(Ex. E at [0021] (emphasis added).) 

22. Publicly available research on current collectors also confirms that CAP-XX’s 

supercapacitor products use current collectors. (See Ex. F (“Recent Advances and Challenges of 

Current Collectors for Supercapacitors”) at 2 (describing that most companies, including CAPCase 2:23-cv-00334 Document 1 Filed 07/14/23 Page 5 of 12 PageID #: 5
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XX, “produce supercapacitors based on carbon electrodes with organic electrolytes and aluminum 

current collectors”).) 

23. Electrodes in CAP-XX’s supercapacitor products contain a film of active electrode 

material, wherein the active electrode material comprises a total amount of activated carbon having 

between about 70% and 98% microporous activated carbon particles by weight and between about 

2% and 30% mesoporous activated carbon particles by weight. 

24. Testing of CAP-XX’s DMF3, GS206F, HS230F products demonstrate that CAPXX’s supercapacitor products use an active electrode material made with a combination of 

microporous and mesoporous activated carbon particles within the ranges claimed by the Asserted 

Patents. 

25. Other of CAP-XX’s products include similar ratios of microporous and mesoporous 

activated carbon particles that fall within the ranges claimed by the Asserted Patents. 

26. CAP-XX has been selling, offering for sale, and/or importing products into the 

United States that infringe the Asserted Patents. On or about December 5, 2022, Tesla provided 

CAP-XX actual notice of its infringement of the Asserted Patents, explained that the claims of the 

Asserted Patents cover at least the supercapacitor products detailed in Appendix A accompanying 

Tesla’s December 5 letter, and offered to license the Asserted Patents to CAP-XX. CAP-XX 

refused to take a license to the Asserted Patents and willfully continued with its infringing 

activities. 

27. At all relevant times since December 5, 2022, CAP-XX had actual knowledge of 

the Asserted Patents; it had knowledge that it uses, sells, offers for sale, and/or imports products 

that infringe the Asserted Patents; and it encouraged others to infringe those patents through its 

activities. 

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28. CAP-XX’s actions, alone and in conjunction with others, constitute a willful 

infringement of the Asserted Patents and exceptional circumstances pursuant to 35 U.S.C. §§ 284 

and 285. 

COUNT 1 

Infringement of the ’580 patent

29. Plaintiff restates and realleges the preceding paragraphs of this Complaint. 

30. In violation of 35 U.S.C. § 271, CAP-XX has infringed and/or induced others to 

infringe of one or more claims of the ’580 patent, including but not limited to claim 1, literally 

and/or under the doctrine of equivalents, by among other things, making, using, offering for sale, 

selling, and/or importing into the United States unlicensed products in a manner that infringes 

the ’580 patent. These products include the DMF3, GS206F, and HS230F supercapacitor 

products, as well as all of CAP-XX’s prismatic supercapacitors, cylindrical supercapacitors, 

large supercapacitors, coin cell supercapacitors, lithium-ion/hybrid supercapacitors, and module 

product supercapacitors, as identified to CAP-XX in Tesla’s December 5, 2022, letter. 

31. CAP-XX’s supercapacitors infringe at least exemplary claim 1 of the ’580 patent. 

32. CAP-XX’s supercapacitor products are energy storage devices that contain 

electrodes. 

33. The electrodes of CAP-XX’s supercapacitor products comprise, in part, a current 

collector. 

34. The electrodes of CAP-XX’s supercapacitor products comprise a film of active 

electrode material attached to the current collector. 

35. The active electrode material comprises a total amount of activated carbon having 

between about 70 and 98 percent microporous activated carbon particles of the total amount of 

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activated carbon by weight and between about 2 and 30 percent mesoporous activated carbon 

particles of the total amount of activated carbon by weight. 

36. In view of the foregoing, CAP-XX has infringed and continues to infringe the 

’580 patent in violation of 35 U.S.C. § 271. 

37. CAP-XX has had knowledge of the ’580 patent and that its activities infringe the 

’580 patent long before the filing of this action. For example, CAP-XX has had knowledge of 

the ’580 patent and its infringement thereof due to its research into Maxwell’s technology and 

patent filings. CAP-XX received further notice of its infringement when Tesla sent CAP-XX a 

letter on December 5, 2022. 

38. CAP-XX takes active steps to knowingly induce infringement of the ’580 patent 

by directing, encouraging, promoting, and instructing others to make, use, offer for sale, sell, 

and/or import the infringing products in the United States. 

39. Plaintiff is entitled to the relief provided by 35 U.S.C. § 284, including, inter alia, 

damages adequate to compensate Plaintiff for the infringement, but not less than a reasonable 

royalty and/or lost profits for the use made of the invention of the ’580 patent by CAP-XX, 

together with interest and costs. 

40. Despite having actual notice of the ’580 patent, CAP-XX continued to actively 

infringe the ’580 patent in disregard of Plaintiff’s rights, making this case exceptional and 

entitling Plaintiff to reasonable attorney’s fees pursuant to 35 U.S.C. § 285. 

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COUNT 2 

Infringement of the ’601 patent

41. Plaintiff restates and realleges the preceding paragraphs of this Complaint. 

42. In violation of 35 U.S.C. § 271, CAP-XX has infringed and/or induced others to 

infringe of one or more claims of the ’601 patent, including but not limited to claim 1, literally 

and/or under the doctrine of equivalents, by among other things, making, using, offering for sale, 

selling, and/or importing into the United States unlicensed products made by the claimed method 

in a manner that infringes the ’601 patent. These products include the DMF3, GS206F, and 

HS230F supercapacitor products, as well as all of CAP-XX’s prismatic supercapacitors, 

cylindrical supercapacitors, large supercapacitors, coin cell supercapacitors, lithium-ion/hybrid 

supercapacitors, and module product supercapacitors, as identified to CAP-XX in Tesla’s 

December 5, 2022, letter. 

43. CAP-XX’s supercapacitors have electrodes that are made by a method that 

infringes at least exemplary claim 1 of the ’601 patent. 

44. CAP-XX makes the active electrode material used in its supercapacitor products 

by mixing activated carbon and a binder to form an active electrode material mixture. 

45. The active electrode material comprises a total amount of activated carbon having 

between about 70 and 98 percent microporous activated carbon particles of the total amount of 

activated carbon by weight and between about 2 and 30 percent mesoporous activated carbon 

particles of the total amount of activated carbon by weight. 

46. In view of the foregoing, CAP-XX has infringed and continues to infringe the 

’601 patent in violation of 35 U.S.C. § 271. 

47. CAP-XX has had knowledge of the ’601 patent and that its activities infringe the 

’601 patent long before the filing of this action. For example, CAP-XX has had knowledge of 

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the ’601 patent and its infringement thereof due to research into Maxwell’s technology and 

patent filings. CAP-XX received further notice of its infringement when Tesla sent CAP-XX a 

letter on December 5, 2022. 

48. CAP-XX takes active steps to knowingly induce infringement of the ’601 patent 

by directing, encouraging, promoting, and instructing others to make, use, offer for sale, sell, 

and/or import the products made by the infringing method in the United States. 

49. Plaintiff is entitled to the relief provided by 35 U.S.C. § 284, including, inter alia, 

damages adequate to compensate Plaintiff for the infringement, but not less than a reasonable 

royalty and/or lost profits for the use made of the invention of the ’601 patent by CAP-XX, 

together with interest and costs. 

50. Despite having actual notice of the ’601 patent, CAP-XX continued to actively 

infringe the ’601 patent in disregard of Plaintiff’s rights, making this case exceptional and 

entitling Plaintiff to reasonable attorney’s fees pursuant to 35 U.S.C. § 285. 

DEMAND FOR JURY TRIAL

51. Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff hereby demands a 

trial by jury on all issues triable to a jury. 

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully request that this Court: 

A. Enter judgment that CAP-XX has infringed one or more claims of the ’580 patent; 

B. Enter judgment that CAP-XX has infringed one or more claims of the ’601 patent; 

C. Award Plaintiff damages in an amount sufficient to compensate it for CAP-XX’s 

infringement of one or more claims of the ’580 patent and the ’601 patent, 

together with pre-judgment and post-judgment interest costs, and all other 

damages permitted under 35 U.S.C. § 284; 

D. Declare that this be an exceptional case within the meaning of 35 U.S.C. § 285; 

E. Award Plaintiff its costs in this action, together with reasonable attorneys’ fees 

and pre-judgment and post-judgment interest; 

F. Perform an accounting of CAP-XX’s infringing activities through trial and 

judgment; 

G. Award Plaintiff such other and further relief, including other monetary and 

equitable relief, as this Court deems just and proper. 

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Dated: July 14, 2023 FISH & RICHARDSON P.C. 

 By: /s/ Ruffin B. Cordell 

Ruffin B. Cordell 

Texas Bar Number 04820550 

cordell@fr.com 

Daniel R. Gopenko 

Virginia Bar Number 83932 

gopenko@fr.com 

FISH & RICHARDSON P.C. 

1000 Maine Avenue, SW, Suite 1000 

Washington, DC 20024 

Telephone: (202) 783-5070 

Matthew Colvin 

Texas Bar Number 24087331 

colvin@fr.com 

FISH & RICHARDSON P.C. 

1717 Main Street, Suite 5000 

Dallas, Texas 75201 

Telephone: (214) 747-5070 

Aamir A. Kazi (pro hac vice to be filed) 

Georgia Bar Number 104235 

kazi@fr.com 

FISH & RICHARDSON P.C. 

1180 Peachtree Street NE, 21st Floor 

Atlanta, GA 30309 

Telephone: (404) 892-5005 

Melissa Smith 

Texas Bar Number 24001351 

melissa@gillamsmith.com 

GILLAM & SMITH, LLP 

303 South Washington Ave. 

Marshall, Texas 75670 

Telephone:(903) 934-8450 

Facsimile: (903) 934-9257 

Attorneys for Plaintiff 

TESLA, INC. 

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