A123 Systems, Inc. v. Hydro-Quebec (626 F.3d 1213, 2010)

LOURIE, Circuit Judge.

A123 Systems, Inc. (“A123”) appeals from the final decision of the United States District Court for the District of Massachusetts denying A123’s motion to reopen and dismissing its declaratory judgment action against Hydro-Quebec (“HQ”). A123 Sys., Inc. v. Hydro-Quebec, 657 F.Supp.2d 276 (D.Mass.2009). We affirm.

Background

A123 filed suit in the District of Massachusetts on April 7, 2006, seeking a declaration of noninfringement and invalidity with respect to two patents, U.S. Patents 5,910,382 (“the '382 patent”) and 6,514,640 (“the '640 patent”) (collectively, “the patents in suit”), assigned to the Board of Regents, The University of Texas System (“UT”) an(j licensed to HQ. Both patents are entitled, “Cathode Materials for Secondary (Rechargeable) Lithium Batteries,” and both claim a genus of lithium-based cathode materials. Claim 1 of the '640 patent, the broadest representative claim, reads as follows:

1. A cathode in a rechargeable electrochemical cell, said cell also comprising an anode and an electrolyte, the cathode comprising a compound of the ordered or modified olivine structure having the formula:

LixM^d+1+q+loD^Q^XOd)

wherein:

M is a cation of a metal selected from the group consisting of Fe, Mn, Ti, Ni or mixtures thereof;

D is a metal having a +2 oxidation state selected from the group consisting of Mg2+, Ni2+, Zn2+, Cu2+, and Ti2+;

T is a metal having a +3 oxidation state selected from the group consisting of Al3+, Ti3+, Cr3+, Fe3+, Mn3+, Ga3+, Zn3+, and V3+;

Q is a metal having a +4 oxidation state selected from the group consisting of Ti4+, Ge4+, Sn4+, and V4+;

R is a metal having a +5 oxidation state selected from the group consisting of V5+, Nb5+, and Ta5+;

X comprises Si, S, P, V, or mixtures thereof;

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