My understanding of the situation is that it's not illegal to manufacture 
NiMH batteries.  You could do it yourself for your own EV, assuming you had 
the materials and equipment.

The law enters when you try to SELL your batteries.  This is one of those 
"intellectual property" deals. The rights owner is the one who gets to make 
the profit, whether it's by making and selling the stuff or by licensing 
that right to others.  

If he wants to, the rights owner also gets to NOT make the profit and NOT 
license it to anyone -- for example, keeping it off the market so it can't 
compete with his main business.  So auto companies and oil companies can 
buiy up the rights to fuels or devices that might compete with their 
products, and sit on them.  

This isn't illegal, though some folks think it should be.

I too have read that key patents on the NiMH process developed by Ovonics 
have expired, or will expire soon.  I don't know whether all of them are due 
to expire or what rights issues might still get in the way of EV-size NiMH 
batteries.

Actually I read that Gold Peak has had the right to make and sell EV size 
NiMH all along, because they licensed the technology from Ovonics before it 
was locked down to small, low capacity formats.  IIRC some of Solectria's 
EVs used Gold Peak NiMH.  But if GP are still making them, they sure don't 
advertise the fact.

Maybe with the expiration of the patents, some competitors will enter the 
field.  That would be great, because IMO NiMH still has potential for use in 
EVs.  The fact that yours have stood up so well is a testament to them.  

But I'm afraid that that ship has sailed, or (more accurately) rusted away 
in the dock.  NiMH is was and is a great idea in the 1990s, but EVs couldn't 
use it then or now, so battery makers put their engineers to work on 
lithium.  Best EV answer or no, that's where the momentum is now.  

I like NiMH, and I'd like to be able to buy affordable EV-size NiMH modules. 
I hope it happens.  I'm not holding my breath though.

David Roden - Akron, Ohio, USA
EVDL Administrator

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