What's Keeping BYD From Coming To California? Patent Problems?

Bertel Schmitt
by Bertel Schmitt

We have covered the Governator wooing not-so-gloriously-doing BYD to come to California, well, at least with a headquarter building. We were also interested to hear that BYD “is in talks with officials in Los Angeles to supply all-electric battery buses in the city.”

The Wall Street Journal revisited old investigative reporting glory and did some thorough digging into the matter. And here is what transpired, all as per the WSJ:

  • It was LA’s first deputy mayor Austin Beutner who had convinced BYD Co. to open its first U.S. headquarters in the city of angels. Schwarzenegger took the photogenic credit.
  • As an inducement, LA city agreed to stock part of its municipal vehicle fleet with BYD’s all-electric battery car, powered by what the WSJ calls “generally still-unproven advanced lithium-ion battery technology.” The whole thing was dressed-up as a field test.
  • The city is also in talks to buy all-electric buses from BYD, which might eventually set up a factory to supply those e-buses to the city.

Now it’s beginning to make sense.

However, the WSJ found a fly in the ointment that greased the deal. “An individual close to BYD” ratted on the company and disclosed to the WSJ that what’s really holding up the the planned launch of BYD’s all-electric e6 sedan this year was not the woeful infrastructure that fails to deliver enough charging points. The source said that there was a problem involving possible intellectual property infringement with the lithium powder BYD uses in its car batteries.

That problem is now supposedly solved, but according to the WSJ, “questions over the legality of the company’s technology are bound to persist as the company begins test-marketing the e6 car next year.”

If BYD already has IPR problems in China, those problems could mount exponentially once the company plants stakes in the litigious U.S., especially in lawsuit-happy California, which is called “The Golden State” for a reason.

When asked, Beutner told the WSJ that the city welcomes investors, but “we expect all of them will comply with all applicable laws.” So there, problem solved.

Bertel Schmitt
Bertel Schmitt

Bertel Schmitt comes back to journalism after taking a 35 year break in advertising and marketing. He ran and owned advertising agencies in Duesseldorf, Germany, and New York City. Volkswagen A.G. was Bertel's most important corporate account. Schmitt's advertising and marketing career touched many corners of the industry with a special focus on automotive products and services. Since 2004, he lives in Japan and China with his wife <a href="http://www.tomokoandbertel.com"> Tomoko </a>. Bertel Schmitt is a founding board member of the <a href="http://www.offshoresuperseries.com"> Offshore Super Series </a>, an American offshore powerboat racing organization. He is co-owner of the racing team Typhoon.

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  • Philadlj Philadlj on Dec 16, 2010

    We're a top producer of natural gas, which is why it always pains me to see foreign made hybrid and EV buses in municipal bus fleets. Why the heck would we need BYD to build electirc buses for us when we could have them built here, which would create jobs here, and run them off our own supply? Are Americans not capable of building buses...or are they simply not allowed to anymore?

    • Pdq Pdq on Dec 16, 2010

      Crown Coach used to make awesome buses.

  • Blowfish Blowfish on Dec 17, 2010

    Are Americans not capable of building buses…or are they simply not allowed to anymore? to ride on a new US built bus, probably the fare will be as much as a yellow cab.

    • Robert.Walter Robert.Walter on Dec 17, 2010

      I thought that one provision of the government loans to gm and chrysler was that they had to, at least study the feasibility of, build(ing) public transit vehicles ... i assumed this was city transit busses. How's that workin' out?

  • KOKing Unless you're an employee (or even if you are) does anyone care where physically any company is headquartered? Until I saw this story pop up, I'd forgotten that GM used to be in the 'Cadillac Building' until whenever it was they moved into RenCen (and that RenCen wasn't even built for GM). It's not like GM moved to Bermuda or something for a tax shelter (and I dunno maybe they ARE incorporated there legally?)
  • Fred It just makes me question GM's management. Do they save rent money? What about the cost of the move? Don't forget they have to change addresses on their forms. New phone numbers? Lost hours?
  • SilverHawk It's amazing how the domestic manufacturers have made themselves irrelevant in the minds of American consumers. Someday, they'll teach this level of brand disassociation in marketing classes as an example of what "not to do". Our auto interests once revolved around these brands. Now, nobody cares, and nobody should care. Where did I put the keys to my Studebaker?
  • El scotto Will it get GM one mile closer to the Gates of Hades? This is a company that told their life long employees not to sell their stock until the day of bankruptcy.
  • 28-Cars-Later I'm curious, is the Maverick in "EV mode" when its towing?"There's still car-like handling -- no punishment because you're driving a truck." That's because its not a truck, its akin to the earlier Ranchero - a literal car-truck hybrid now with an available gasoline hybrid drivetrain (that's actually hilarious and awesome, hybrid-hybrid FTW).
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