A federal district court in the Southern District of California has issued an order finding that Maxwell has established a likelihood of its success in the patent infringement action it filed against Nesscap in October 2006. Maxwell asserts Nesscap's ultracapacitor products infringe two of Maxwell's U.S. patents. Specifically, the court stated that Maxwell "has shown a likelihood of success of showing that Nesscap's prismatic ultracapacitors devices infringe" three claims of U.S. Patent No. 6,525,924 asserted by Maxwell.
The court also determined that Maxwell would be irreparably harmed if a preliminary injunction does not issue. As a result, U.S. District Judge John A. Houston ruled that a preliminary injunction will issue, prohibiting Nesscap from making, using, selling or offering to sell its prismatic ultracapacitors in the United States while the litigation is pending.