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«IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BASF CORPORATION and UCHICAGO ARGONNE, LLC, Plaintiffs, v. C.A. No. _ UMICORE N.V., ...»

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66. On information and belief, Umicore has been and is encouraging others to directly infringe the ’143 Patent with knowledge of that infringement.

67. On information and belief, Umicore imports its NCM materials into the United States to be used in infringing products, and knows its customers import its NCM materials into the United States in infringing products and/or to be used in infringing products, including in Makita’s lithium-ion battery packs for cordless power tools.

68. Umicore knows that cathodes for lithium-ion batteries containing Umicore’s NCM materials infringe the ’143 Patent, and knows that customers, including Makita, are directly infringing the ’143 patent with Umicore’s encouragement and aid.

69. Umicore has knowledge of the ’143 patent, knowledge that its actions as described above are inducing and/or contributing to the infringement of the ’143 patent, and knowledge that its NCM material lacks substantial non-infringing uses.

70. Umicore has been and is indirectly infringing the ’143 Patent by inducing infringement and/or contributing to the infringement of the ’143 patent by others.

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72. BASF and Argonne incorporate and reallege all previous paragraphs as if fully set forth herein.

Case 1:15-cv-00172-UNA Document 1 Filed 02/20/15 Page 17 of 20 PageID #: 17

73. Makita makes, uses, sells, offers for sale, and/or imports into the United States lithium-ion battery packs for Makita cordless drills.

74. On information and belief, Makita’s lithium-ion battery packs for Makita cordless drills contain NCM materials, including NCM materials supplied by Umicore.

75. Defendant Makita has been and is directly infringing the ’143 patent by making, using, offering to sell, and/or selling in the United States products containing lithium-ion batteries produced using NCM materials, including NCM materials supplied by Umicore.

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unlawfully attempting to acquire and maintain a monopoly in the market for NCM materials, including by excluding BASF from that market by deliberately misleading current and prospective NCM-materials purchasers about its own and BASF’s NCM materials and intellectual property.

78. As a result of Umicore’s unlawful conduct and attempted monopolization, BASF has suffered a substantial antitrust injury, including the loss of significant revenue from the sale NCM materials.

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79. BASF incorporates and realleges all previous paragraphs as if fully set forth herein.

80. Umicore has violated § 2532 of the Delaware Deceptive Trade Practices Act (6 Del. C. § 2532).

Case 1:15-cv-00172-UNA Document 1 Filed 02/20/15 Page 18 of 20 PageID #: 18

81. Specifically, Umicore unlawfully represents that its NCM materials and cathodes made therefrom have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have, in violation of § 2532(a)(5); Umicore unlawfully disparages the goods, services, or business of BASF by false or misleading representation of fact in violation of § 2532(a)(8); and Umicore unlawfully engages in conduct which similarly creates a likelihood of confusion or of misunderstanding in violation of 2532(a)(12).

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82. BASF incorporates and realleges all previous paragraphs as if fully set forth herein.

83. Umicore has committed common law tortious interference with a prospective economic advantage by unlawfully interfering with BASF’s efforts to supply a potential customer with NCM materials.

84. BASF had a reasonable probability of reaching an agreement to supply NCM materials to that potential customer for use in its lithium-ion batters. Umicore, in order to prevent BASF from entering the NCM materials market and supplying NCM materials to that potential customer, intentionally interfered with those negotiations by threatening to bring or cause a lawsuit for infringement of the 3M patents, despite Umicore knowing that the 3M patents do not cover existing NCM materials since those materials have two phases.

85. Umicore’s threats proximately caused the dissolution of the prospective business relationship between BASF and its potential customer, causing BASF substantial financial loss.

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WHEREFORE, Plaintiffs pray for relief and judgment against Umicore and Makita as

follows:

Case 1:15-cv-00172-UNA Document 1 Filed 02/20/15 Page 19 of 20 PageID #: 19 A. That Umicore has indirectly infringed one or more claims of the ’082 patent;

B. That Makita has directly infringed one or more claims of the ’082 patent;

C. That Umicore has indirectly infringed one or more claims of the ’143 patent;

D. That Makita has directly infringed one or more claims of the ’143 patent;

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F. That Umicore has violated § 2532 of the Delaware Deceptive Trade Practices Act;

G. That Umicore has committed tortious interference with prospective economic advantage;

H. An injunction against Umicore and its officers, agents, servants, employees, all parent and subsidiary entities, all assignees and successors in interest, and those persons or entities acting in concert or participation with Umicore, including distributors and customers, enjoining them from further infringement of the ’082 and ’143 patents;

I. An injunction against Makita and its officers, agents, servants, employees, all parent and subsidiary entities, all assignees and successors in interest, and those persons or entities acting in concert or participation with Makita, including distributors and customers, enjoining them from further infringement of the ’082 and ’143 patents;

J. An injunction against Umicore and its officers, agents, servants, employees, all parent and subsidiary entities, all assignees and successors in interest, and those persons or entities acting in concert or participation with Umicore, including distributors and customers, enjoining them from further anticompetitive, tortious, and deceptive trade practices;

K. An award of patent infringement damages against Umicore and Makita under 35 U.S.C. § 284, including an accounting and pre- and post-judgment interest, and an award of costs;

Case 1:15-cv-00172-UNA Document 1 Filed 02/20/15 Page 20 of 20 PageID #: 20 L. An award of treble patent infringement damages against Umicore under 35 U.S.C.

§ 285 for Umicore’s willful infringement;

M. An award of damages against Umicore for damages caused by Umicore’s anticompetitive, tortious, and deceptive trade practices;

N. An award of treble the damages caused by Umicore’s anticompetitive, tortious, and deceptive trade practices under 15 U.S.C. § 15 and 6 Del. § 2533(c), including an accounting and pre- and post-judgment interest, and an award of costs;

O. An award of reasonable attorneys’ fees and expenses pursuant to 35 U.S.C. § 285, 15 U.S.C. § 15, and 6 Del. § 2533(b);

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