No worries, Charles.

None of the info. you've posted on this thread has been transferred
anywhere else, in any way, shape or form.

On 4/25/08, Charles Whalen <[EMAIL PROTECTED]> wrote:
> Andrew,
>
> I'm sorry, but I just don't have the time to continue this conversation
> anymore.  I am completely swamped and backlogged with emails, and I have
> spent most of my day answering people's querries to me on this list.  It's
> now half past midnight, and at the rate I am backlogged, I doubt I will be
> able to make it to the Fort Pierce EV Rally on Saturday.
>
> But I will give you the reason in a nutshell.  If you or anyone else is
> interested in the longer version of the reason, you are welcome to come to
> the Fort Pierce EV Rally on Saturday (which, yes, I will still try to make
> it to) and I will give you the full blown, longer version and elaboration of
> this.
>
> I used to work in Japan, where I did business with many of the largest
> Japanese corporations, including Toyota.  The short answer to your question
> is the unbelievably rigid, inflexible, stifling nature of Japanese corporate
> culture and their "kiretsu" system, the unwritten rules of which completely
> forbid what you just suggested; it is a taboo and unimaginable.  It isn't
> done and is just not possible.
>
> More on Saturday in Fort Pierce for anyone who is interested ...
>
> Charles Whalen
>
>
> ----- Original Message -----
> From: "Andrew" <[EMAIL PROTECTED]>
> To: "'Charles Whalen'" <[EMAIL PROTECTED]>; "'FLEAA Mailing List'"
> <[email protected]>
> Sent: Friday, April 25, 2008 12:07 AM
> Subject: RE: [FLEAA] NiMH Patents
>
> Charles,
>
> OK, now I'm confused.
> If Gold Peak still has the legal right to produce large format NiMH
> batteries, why didn't Toyota just buy the batteries through them?
>
> Andrew
>
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] On Behalf Of Charles Whalen
> Sent: Thursday, April 24, 2008 11:27 PM
> To: FLEAA Mailing List; Joseph T.
> Subject: Re: [FLEAA] NiMH Patents
>
> Hi Joseph,
>
> Having been around the EV community and industry for quite some time, I have
> a pretty good idea who that person is.  There is principally one person,
> quite well-known in fact, in the EV community who takes exactly that line,
> and in exactly the same way that you expressed it.  That person and the
> vehemence and personal vindictiveness with which he takes that position has
> been responsible for some of the ugliest, nastiest personal insults and
> flames I have ever seen on any issue on the various EV lists.  Having been
> witness to it and the ugliness of it, I have no intention of provoking that
> sort of response directed at me, nor do I have the time for this.
> Therefore, I would respectfully request that you please do not cross-post my
> comments to other lists.  We have an open list here.  Anyone who wants to is
> free to join this list, and this list is not censored or moderated.
> However, we will not tolerate that kind of personal abusiveness on this
> list, and anyone who engages in it will be removed from the list.  I myself
> don't have time right now to monitor other lists, much less participate in
> discussions on other lists; I can barely keep up with this FLEAA list as it
> is.  Therefore, I do not want my comments posted to a list where I cannot
> monitor what is said about me, especially when I am likely to be personally
> attacked in an abusive manner, given the very ugly past history on this
> particular issue by the person in question to whom you are referring.
>
> Toyota executives who ran the RAV4-EV program confirm that the Chevron NiMH
> patent infringement lawsuit against them, resulting in a $30 million
> judgment that they and Panasonic had to pay to Chevron, is the very reason
> that they were forced to stop producing the RAV4-EV and that they would have
> continued to do so were it not for the loss of that lawsuit which required
> them to stop making the batteries for the car.
>
> On the other hand, if you look at my last few posts on this subject --
> specifically those related to GoldPeak and how I have been working on trying
> to make business deals to generate enough volume (i.e.
> *demand*) to enable us to get some of their large-format NiMH batteries --
> it is entirely clear and self-evident that *demand* is obviously an integral
> part of the equation.  In any business, there are always two sides of the
> market -- supply and demand.  One *has* to look at and examine issues on
> both sides.
>
> How one wants to divide up and attempt to quantify the various causes of the
> current difficulty in obtaining large-format NiMH batteries between: a)
> Chevron's control of the patents, patent licensing rights, and their
> premeditated, very deliberate and clever suppression of this disruptive
> technology (which their top executives admit to), b) demand issues, c) price
> increases and volatility of nickel on world commodity markets, and d) other
> factors, is an academic exercise that doesn't much interest me, nor one that
> I have time for.  These are complex business issues.  Clearly it is "all of
> the above", but I couldn't begin to try to quantify various shares of those
> causes.  Having said that, just given the statements of Chevron's own
> executives as well as those of Toyota's executives, I think it is quite
> clear that (a) has been an important and likely even a dominant factor.  In
> that sense, I think you and I are in agreement on that.
>
> Charles Whalen
>
>
> ----- Original Message -----
> From: "Joseph T. " <[EMAIL PROTECTED]>
> To: "Charles Whalen" <[EMAIL PROTECTED]>; "FLEAA Mailing List"
> <[email protected]>
> Sent: Thursday, April 24, 2008 9:28 PM
> Subject: Re: [FLEAA] NiMH Patents
>
> Thank you Charles for all the info.
>
> On insightcentral.net (for the Honda Insight) there was a discussion
> about NiMH batteries and one of the members were saying that the whole
> NiMH patent situation is not related to the oil companies, and instead
> it is entirely the fault of the market.
>
> Of course, it cannot entirely be the oil companies fault, the same way
> it cannot entirely be the car buying public's fault; it lies somewhere
> in between. However, I'd say the fault falls more onto the oil
> companies than the car buying public... :)
>
> Is it okay if I share your info onto Insightcentral.net? Can I copy
> and paste it even?
>
>
> On 4/24/08, Charles Whalen <[EMAIL PROTECTED]> wrote:
> > One additional, very important point I should make on this -- relating to
> > the requirement of having the requisite track record of demonstrated
> > technical capability and experience to be able to competently integrate
> > these batteries into a conversion, before GoldPeak would consider allowing
> > someone to be in on a group-buy or piggyback on a larger commercial
> > deal --
> > is that if you are planning to use a Manzanita Micro charger or any of the
> > other popular "hobbyist-gear" chargers, you can stop right there and just
> > forget about using NiMH, because those hobbyist-gear chargers are not
> > capable of competently charging NiMH.  You will need a "professional-gear"
> > OEM-quality charger that is both programmable, with multi-step, -stage,
> > and
> > -cycle algorithms, and also CAN-controllable with multiple feedbacks,
> > including both voltage and temperature feedback from each module.  One
> > such
> > charger is the Brusa, but that now costs around $19,000 for the 10kW
> > version.  Otherwise, one has to arrange for another, suitable,
> > programmable,
> > CAN-controllable charger that would be acceptable and competently charge
> > NiMH.  There are others out there that are available to OEMs but not to
> > individuals, I believe.
> >
> > There are also very strict requirements for the Thermal Management System
> > (TMS) and how it must be constructed to optimize the thermodynamics and
> > cooling of the batteries, which are definitely exothermic, especially at
> > the
> > top of the charge.
> >
> > Using GoldPeak large-format NiMH batteries would make a very nice,
> > high-quality conversion or kitcar EV with a proven 10-15 year / 200,000
> > mile
> > battery life, but it cannot be done on the cheap.  It would definitely be
> > a very high-budget conversion or kitcar EV.
> >
> > Charles Whalen
> >
> >
> > ----- Original Message -----
> > From: "Charles Whalen" <[EMAIL PROTECTED]>
> > To: <[EMAIL PROTECTED]>; "FLEAA Mailing List" <[email protected]>
> > Sent: Thursday, April 24, 2008 5:25 PM
> > Subject: Re: [FLEAA] NiMH Patents
> >
> > The only place we can get them is from GoldPeak.  I know and speak with
> > GoldPeak's Chairman and have had an intensive series of meetings with
> > GoldPeak's Chief Battery Engineer (of 30 years).  I have also signed an
> > NDA
> > with them, which I believe they would require of anyone before they would
> > give you much information about their batteries, as they don't publish any
> > detailed specs or information about their batteries on their website.
> >
> > What you asking is something that I have been working on for a year now
> > and
> > am continuing to pursue.  It takes a lot of work and deal-making, bringing
> > people together and trying to sell large commercial interests on the
> > advantages of NiMH batteries, which some are largely ignorant of and have
> > no
> > experience with, unlike myself.  This all takes time.  We would have to
> > piggyback on larger commercial volumes of much bigger players than
> > ourselves.  That's the only way we will ever be able to get these
> > batteries.
> > It may be possible by early next year; that's probably at least how long
> > it
> > will take this one particularly large commercial deal to come together.
> > But
> > deep down, my own personal feeling -- knowing the parties involved and
> > some
> > of the other battery options they're pursuing, and having brokered this
> > tentative deal myself -- is that I suspect there's probably only about a
> > 20%
> > chance that this will happen.
> >
> > So I have already started to think about some other ways to try to
> > generate
> > some volume through other channels, and even though it would likely be
> > much
> > smaller volume, it might be just enough to do a deal with GoldPeak, given
> > what I know of their 18-year history with these batteries and what sorts
> > of
> > volumes they've previously done.
> >
> > Getting back to the previous discussion in another, separate thread about
> > for-profit vs. not-for-profit status and motivations, I have already
> > decided
> > that whichever way we can generate sufficient volume with GoldPeak for us
> > to
> > get their batteries, either the former or the latter way I discussed
> > above,
> > I would make such batteries available at one price -- the same price that
> > I
> > would be getting, without any markup or commission for myself -- to anyone
> > who wants them and who, more importantly, has a track record of
> > demonstrated
> > technical capability and experience to be able to competently integrate
> > these batteries into a conversion.  (It won't help either GoldPeak or the
> > stellar reputation of NiMH batteries if someone ends up killing or
> > degrading
> > GoldPeak's batteries due to their own lack of experience and competence.
> > GoldPeak has been quite clear about this in my conversations with them.)
> >
> > I'm not going to go into any more specifics about this in a public forum
> > like this, but if you want to meet with me in person, I'd be happy to
> > discuss more details on this up to the limits of what my NDA covers.  I
> > will
> > be at the Fort Pierce EV Rally this Saturday, April 26.
> >
> > Yes, Saft does have the battery on their website.  Good luck getting it.
> > Many others have tried, including much larger commercial players.  But
> > hey,
> > keep trying.  I'd be interested to learn whatever you find out.
> >
> > Best regards,
> >
> > Charles Whalen
> >
> >
> > ----- Original Message -----
> > From: <[EMAIL PROTECTED]>
> > To: "Charles Whalen" <[EMAIL PROTECTED]>; "FLEAA Mailing List"
> > <[email protected]>
> > Sent: Thursday, April 24, 2008 4:48 PM
> > Subject: Re: [FLEAA] NiMH Patents
> >
> > Thanks for the grat info. So where can we get NiMH batteries for a
> > conversion? Is there anything? I tried today all day w/saft and left
> > messages before reading your email. They do have the battery on the site
> > though.
> >
> > Thanks
> > Sent via BlackBerry from T-Mobile
> >
> > -----Original Message-----
> > From: "Charles Whalen" <[EMAIL PROTECTED]>
> >
> > Date: Thu, 24 Apr 2008 15:51:27
> > To:"Florida EAA" <[email protected]>
> > Subject: Re: [FLEAA] NiMH Patents
> >
> > Hi Joseph,
> >
> > Your understanding is not quite correct.
> >
> > GoldPeak has an unrestricted, permissive Ovonics license from 1991 that
> > allows it to sell large-format NiMH batteries (>10Ah) into the US market,
> > which was grandfathered upon Chevron's purchase of the patents around the
> > turn of the century.
> >
> > European battery manufacturers Saft and Varta both *had* (past-tense)
> > grandfathered Ovonics licenses that allowed them to sell large-format NiMH
> > (>10Ah) batteries in Europe only, but both companies voided the terms and
> > conditions of their licenses upon their acquisitions by an American
> > battery
> > manufacturer, Johnson Controls of Milwaukee (in both cases), such that
> > neither of them can produce large-format NiMH batteries any longer, even
> > for
> > the European market.  (Note that that pdf you referenced is dated July
> > 2005,
> > which predates Saft's acquisition by Johnson Controls.  Try buying new
> > 100Ah
> > NiMH batteries from Saft now and see what answer you get.  Hint:  I
> > already
> > know the answer to that question, from several entities that have tried.)
> >
> > There are two companies, Electro Energy and Nilar, that have both
> > developed
> > large-format bipolar NiMH batteries, but neither one of them is in
> > commercial production.  Both companies are in clear violation of the
> > Chevron
> > patent licensing rights, as the patents relate to the electrochemistry at
> > the cell level (which remains the same), not the modular construction.
> > But Chevron will not bother spending all the money and dedicating all the
> > legal resources that it takes to bring a patent infringement lawsuit (like
> > they did and won against Toyota and Panasonic, to the tune of $30 million)
> > against either one of these companies unless either one of them scores a
> > large-volume commercial OEM contract, ... which neither of them has done
> > and
> > neither is expected to do, for exactly that reason.  There is a guy in San
> > Diego operating out of his garage who is doing Prius plug-in hybrid
> > conversions using Nilar's NiMH batteries.  As long as this remains a
> > backyard operation of very small volume, only several cars a year, this
> > guy
> > will remain under the radar and Chevron won't waste their time with him
> > and
> > with Nilar.  But if it ever reaches large-volume OEM commercial volumes,
> > Chevron will sue for patent infringement and will win.  Chevron's top
> > executives have said so, exactly that, in private conversations.
> >
> > Chevron's NiMH patents expire on December 31, 2014.
> >
> > Best regards,
> >
> > Charles Whalen
> >
> >
> > Date: Wed, 23 Apr 2008 23:38:06 -0400
> > From: "Joseph T. " <[EMAIL PROTECTED]>
> > Subject: [FLEAA] NiMH Patents
> > To: [email protected]
> > Message-ID:
> > <[EMAIL PROTECTED]>
> > Content-Type: text/plain; charset=ISO-8859-1
> >
> > As I understand, Chevron's patent control over large-format NiMH
> > batteries means that no other company but them can produce such
> > batteries.
> >
> > However, why does Saft sell high-capacity (100 Ah+) NiMH batteries?
> > http://www.saftbatteries.com/130-Catalogue/PDF/NHE_en.pdf
> > The pdf is dated July 2005.
> >
> > I've heard about new NiMH batteries that avoid patent troubles, such
> > as "bi-polar" NiMH batteries.
> > http://www.electroenergyinc.com/products/technicalpapers/BipolarNickel.pdf
> >
> > How long have these been around?
> >
> >
> > _______________________________________________
> > Florida EAA mailing list
> > [email protected]
> > http://www.floridaeaa.org
> >
> >
> >
> >
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> >
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