MBI Litigation Concluded in Favor of ECD
5 January 1998
MBI Litigation Concluded in Favor of ECDTROY, Mich., Jan. 5 -- The litigation brought by Matsushita Industrial Company, Ltd. ("MBI") against Energy Conversion Devices, Inc. ("ECD") in the U.S. District Court for the District of Delaware (the "Court") has been successfully concluded. On December 23, 1997, the Judge issued the Final Order and Opinion giving ECD and its subsidiary, Ovonic Battery Company, Inc. ("Ovonic Battery"), precisely the results they had sought, with the sole exception of denying the request for attorneys' fees. In its opinion, the court noted that MBI had represented in its deposition testimony that the Model MHI-BX battery is the only EV battery which MBI currently and "from now on" intends to sell in the United States. This was a primary factor in the Court's granting of ECD's motion to dismiss the MBI lawsuit. This outcome effectively limits MBI and its joint venture with Toyota Motor Corporation, Panasonic EV Energy Co. of Osaka, Japan, to this one low-energy density model EV battery (the MHI-BX) covered under a prior agreement between ECD and MBI, without the ability to further improve the battery by utilizing ECD's advanced nickel metal hydride ("NiMH") battery technology not covered by the prior agreement. The MHI-BX battery has lower specific energy than the current production GM Ovonic NiMH EV battery and significantly less energy than the Ovonic "Family of Batteries" developed by ECD/Ovonic Battery for the full range of EVs and HEVs. The production GM Ovonic NiMH battery is manufactured by GM Ovonic, L.L.C. ("GM Ovonic"), a joint venture between Ovonic Battery and General Motors Corporation . GM Ovonic is now in a much stronger competitive position due to the advanced Family of Batteries developed by Ovonic Battery, the issuance of the basic NiMH patent in Japan, and the outcome of this favorable court decision. Commenting on the decision, Mr. Stanford R. Ovshinsky, President and CEO, ECD, said, "The very favorable outcome of this litigation, coupled with the 1997 issuance in Japan of the basic patent for Ovonic NiMH battery technology, confirms ECD's dominant position and strengthens our future business transactions." Agreeing with Mr. Ovshinsky, Mr. Robert C. Stempel, Chairman, ECD, noted, "While the litigation was costly, the litigation outcome greatly enhances ECD's competitive position. The granting of the Japanese patent further emphasizes the strength of ECD's basic intellectual property rights worldwide." The GM Ovonic NiMH batteries for EVs and HEVs will be available to other vehicle manufacturers. The battery, in various sizes, is suitable for EVs and HEVs from bicycles and scooters to cars, trucks and buses. A robust, long life, maintenance-free battery, the GM Ovonic NiMH battery is expected to last the life of the vehicle (100,000 miles in an electric car). ECD is a leader in the synthesis of new materials and the development of advanced production technology and innovative products. It has pioneered the development of products and production technology based on amorphous, disordered and related materials, with an emphasis on alternative energy and advanced information technologies. ECD's web site is http://ovonic.com. SOURCE Energy Conversion Devices, Inc.