#1 A Brief History of LFP, Patents, Licencing Costs, Pricing // and Tesla - YouTube

Channel: The Limiting Factor

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Welcome back everyone! I’m Jordan  Giesige and this is The Limiting Factor. 
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Elon recently confirmed that North American  made, standard range plus Model 3s would be  
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using lithium iron phosphate, or LFP, battery  packs from China. As a result of that,  
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I’m kicking off another video series, this time  on LFP. I was planning on starting an LFP series  
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later this year, but Tesla is incorporating LFP  in their US battery packs sooner than I expected. 
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Today we’ll cover a brief history of LFP; the key  patents, licencing costs, when the patents expire,  
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and why that matters; the cost difference between  an LFP and Nickel battery pack; whether this  
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is bad news for Tesla’s 4680 ramp; and some  cliff’s notes on how LFP compares to Nickel.  
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Note that these will just be cliff’s notes,  and I’ll go much deeper and highlight specific  
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manufacturers in the upcoming series. Before we begin, a special thanks to my  
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Patreon supporters and YouTube members.  This is the support that gives me the  
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freedom to avoid chasing the algorithm and  sponsors, and I hope will eventually allow  
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me to do this full time. As always, the  links for support are in the description. 
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The story of LFP is quite long and convoluted,  so I’ll be giving a high level overview from  
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the perspective of an investor or consumer.  It’s also worth noting that there are missing  
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pieces in the story and I’ve done my best to piece  together a timeline here that has a logical flow. 
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LFP is a cathode material that was discovered  by John Goodenough in 1996 while working at UT  
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Austin. Not long after, in 1999, UT  Austin was granted a patent for LFP.  
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However, LFP had a critical flaw, which was  that it had electronic conductivity low enough  
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to be considered an insulator. As a result, UT  Austin didn’t have an interest in developing LFP  
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and sold the patent rights to Hydro-Quebec  through an exclusive patent licence agreement. 
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Hydro-Quebec is a public utility in Canada with  a large R&D arm. That is, they had the know-how  
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and funding to further develop LFP. Hydro-Quebec  then began working on the conductivity problem  
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and by the 21st of September 2001, Michel  Armand filed this patent through Hydro Quebec.  
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Michel solved the conductivity problem with a  carbon coating, which opened the door for LFP  
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as a viable commercial chemistry. Note the date, the 21st of September  
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2001. Patents are granted from the original  filing date and are valid for 20 years. There  
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appears to be some rules which allow extensions,  but we’ll come back to this later in the video. 
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In the same year, 2001, A123 systems was  founded. Their focus was also on developing  
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and commercialising LFP. In 2006, Yet-Ming  Chiang, a founder of A123, patented improved  
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nanostructures and dopants to further improve  the ionic and electronic conductivity of LFP. 
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Around the same time, 2005 to 2006, A123 quickly  moved to sell LFP cells to Black & Decker for  
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DeWalt power tools and subcontracted BAK Battery  in China to do the manufacturing. Unsurprisingly,  
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Hydro-Quebec claimed A123 infringed on their  patents and a patent battle ensued that lasted  
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for about 5 years, until about 2011. Hydro-Quebec  ended up winning the patent dispute and A123  
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ended up being brought under Hydro-Quebec’s  patents through a sublicense agreement. 
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During the same time period, Hydro-Quebec  developed industrial partnerships and  
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formed a consortium to manage the patents for  LFP. The name of the consortium was LFP plus  
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Carbon Licensing. For me, this is where the trail  ran cold, but it seemed like a huge part of the  
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story with China was still missing. What ended  up happening in China with licencing? Why has  
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every major Chinese battery company developed  LFP and why are LFP cells mostly sold in China? 
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Several weeks ago, Steve LeVine came to the  rescue with a great article that, for me, brought  
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new information to light. If you aren’t following  Steve on Twitter, I recommend it. In the article,  
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he states that the LFP + Carbon Consortium made a  decision a decade ago to allow Chinese companies  
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to make LFP with no licencing fee as long  they only sold the batteries domestically.  
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I asked Steve where he got this information  and he directed me to this article by Roskill. 
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According to Roskill, LFP cathode producers  are the source of the claim that Chinese  
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companies pay no licensing fee. Note that one  decade ago is when the patent dispute between  
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A123 and Hydro-Quebec was winding up and that  dispute involved a Chinese company, BAK Battery. 
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I couldn’t find further information on what  happened here. It’s a strange decision to forego  
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tens of millions of dollars in potential revenue,  but I’m willing to speculate. It appears that,  
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for one reason or another, UT Austin wasn’t  granted patents under Chinese jurisdiction.  
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Maybe UT Austin didn’t realise in the late 90s  that what they had on their hands was valuable  
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or didn’t realise that China would become  the world’s dominate battery player. 
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UT Austin’s Patents are the most critical patents  because they cover the LFP material itself,  
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which means that without China based patents, it  may have weakened their patent claim in China.  
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That is, the Consortium may have decided  against what could have been an expensive  
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legal battle that they had low odds of winning. If that’s correct, the decision not to charge  
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a licencing fee if Chinese companies stuck  to their domestic market may have also been  
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a way to keep China out of the rest of the  major world’s major battery markets with LFP. 
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That is, giving the Chinese LFP market to  Chinese battery manufacturers may have been  
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a good deal for both parties. Each party  avoided expensive litigation and each party  
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walked away with the keys to a market. If you  know something about patent law or negotiations,  
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let me know your opinion in the comments below. So when do these patents expire and when will  
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China be free to export LFP battery cells  and packs to the US without a licencing  
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fee? The information I’ve come across is  conflicting, but April 2022 looks the most  
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likely based on information from Roskill  and James Frith of Bloomberg. James Frith  
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is another good follow on twitter if you want  to keep an eye on battery industry trends. 
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Again, the information for the expiry  date comes from Cathode producers.  
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Although most of the dozens of patents governing  LFP will expire in the next couple of weeks, one  
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of Michel Armand’s patents for the carbon coating  received an adjustment, pushing its expiration  
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date to the 27th of April 2022, 7 months from now. James also provided information on the licencing  
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cost. It costs millions of dollars per year for  the licence and there’s also an additional fee  
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that’s rumoured to be less than $1 per kilogram  of LFP produced. I did some back of the napkin  
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cost modelling and 80 cents per kilogram is  about a 3% cost premium at the cell level,  
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which is actually pretty hefty and doesn’t  include the fixed yearly cost of the license. 3%  
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is roughly the profit margin that Panasonic  makes off the battery cells it sells to Tesla. 
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With that in mind, how much will LFP cells  affect the production cost of the US made  
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standard range Model 3? The average price of  an LFP battery pack is typically 20% cheaper  
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than an average Nickel based battery pack, but  there are other costs we need to factor in here. 
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First, as James Frith points out, there’s  a 10% import tariff. Second, there would  
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be shipping costs, which as I understand it, would  be negligible adding about 1% to the price. Third,  
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if the patents haven’t expired, there would  be a licencing fee of about 3%, give or take. 
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After factoring all that in, the cost  savings for LFP batteries shipped to the US  
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offers about a 6% savings instead of 20%. Tesla’s  cost savings might be less because the NCA cells  
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that they put in their vehicles are purchased  at near the manufacturing cost from Panasonic.  
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Furthermore, Tesla’s been refining their  pack manufacturing for over 10 years. 
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In other words, I think the LFP cells Tesla is  purchasing from China might not be generating  
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significant savings compared to a nickel  based chemistry. Instead, the primary reason  
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for using LFP would be to increase production  output, allowing Tesla to increase their output  
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of vehicles and energy storage products. Tesla’s been cell constrained for years,  
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and LFP cells from China give Tesla access  to profit they would’ve otherwise had to  
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leave on the table. It also broadens Tesla’s  supply chain and makes them less dependent  
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on Nickel to drive their growth, which will  become more important in the coming years. 
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With all that in mind, let’s start digging into  this tweet by Troy Teslike, which predicted Tesla  
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would soon switch the LFP battery on the 22nd of  August, just a few days before it was confirmed by  
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Elon. This tweet sparked concern for some people  that if Tesla is moving standard range vehicles to  
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LFP cells, it’s bad news for 4680 cell production. With regards to the first bullet, which states  
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that Standard Range vehicles out of Fremont  will be using LFP from October 1st, Elon  
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already stated earlier this year that Tesla would  be shifting their standard range vehicles to LFP.  
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In other words, the plans for a switch to LFP  pre-date any indications that the ramp of the  
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4680 lines could be delayed. It also means  that they would have had plans for what to do  
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with the 2170 cells the switch to LFP would  free up and brings us to the next bullet. 
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The second bullet states that Model Y production  in Texas and Berlin will start with 2170s instead  
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of 4680s. Again, Elon already said in the Q2 2021  earnings call that they have a back-up plan with  
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2170s. So, even if 4680 production is delayed, it  won’t affect vehicle production in the short term. 
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In fact, if Fremont does switch to  LFP battery cells later this month,  
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that probably frees up about 6-9 months’ worth  of production ramp for the Model Ys from Austin  
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and Berlin. That, in turn, gives Tesla’s  engineers quite a bit more breathing room to  
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work the rats and mice out of the 4680 lines. As with the Q2 quarterly earnings call,  
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I’m eager to hear updates from Tesla on the  4680 in the Q3 earnings call, and if there  
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is useful information to dissect, I’ll produce a  video giving my take from a battery perspective. 
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In summary, there are a large number  of patents that govern LFP technology,  
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but most of the critical patents appear to be  filed on or before the 21st of September 2001.  
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Now, 20 years later in September of 2021,  most of those patents are due to expire. 
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There is still one lingering patent, but that will  be expiring in about 7 months. When that patent  
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does expire, it will potentially lower the cost  floor for LFP batteries by around a few percent.  
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More importantly, just as Drew and Elon suggested  on Battery Day, it’ll mean Tesla can produce LFP  
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batteries in house. It also means they’ll be able  to do so without any red tape or licence fees. 
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Regardless, as confirmed by Elon, Tesla  is now incorporating LFP battery cells  
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into their worldwide vehicle production  for standard range plus vehicles. This  
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fresh supply of cheap battery cells will bolster  the growth of both Tesla’s energy storage product  
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line and the vehicle ramps in Austin and Berlin. Of course, what we’re all waiting for is Tesla’s  
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4680 lines to spin up, which will allow for  unbridled growth rates that far exceed 50%  
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per year. However, the 4680 lines  appear to be coming along nicely,  
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with Galileo Russell of Hyperchange reporting  that over the course of the last year the yield  
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rate at Kato Road has gone from 20% to 70-80%. 70-80% is on par with Giga Nevada as indicated  
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by this image from @JPR007. There is a catch  here, and it’s that despite the high yield rate,  
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Tesla is currently unable to sustain high  production rates. If you’d like to know more,  
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it was covered in my Q2 earnings call video. Some people were wondering whether Tesla is  
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importing the entire vehicle, or just the  pack. @ranig on twitter did an inventory  
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check and there are vehicles with LFP battery  packs that appear to be assembled in Fremont. 
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And for those concerned about LFP batteries  being inferior to Nickel batteries, as Elon  
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has suggested in this tweet, they’re not. Like all  battery chemistries, LFP does have eccentricities,  
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but on balance will perform as well in Model  3s as the current Nickel based chemistries. 
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In short, if you live in a hot climate, LFP is  hands down a win. If you live in a cold climate,  
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there is a potential for lower performance,  but there are workarounds thanks to Tesla’s  
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superior software and thermal management  systems. If you live in any climate,  
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you’ll be getting a million mile battery that’s  much more robust to regular 100% charges. 
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As a final note, this is just the first of  three videos on LFP. For those keeping track,  
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we have one more video left in the QuantumScape  series, three videos left in the Gigacasting  
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series, two more videos in this LFP series, and  I’ll be working through these videos randomly. 
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If you enjoyed this video, please consider  supporting me on Patreon with the link at the  
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end of the video. I am also active on Twitter.  You can find the details in the description,  
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and I look forward to hearing from you. A special thanks to Sten Karlson,  
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Mark Russcher for your generous support of the  channel, my YouTube members, and all the other  
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patrons listed in the credits. I appreciate  all your support, and thanks for tuning in.