Legal

Battery Patent Litigation: Recent Developments Cont. MU Ionic Solutions v CATL and Opel 20236: In the bifurcated proceedings, where infringement and revocation actions are heard separately, it was found that CATL and Opel did not infringe MU Ionicʼs German patent EP1939971. The preliminary opinion of the Federal Patent Court was that the patent might be revoked. The patent disputes were resolved via a licence deal (covering difluorophosphate-based cathode interface control technology) shortly before the final decision in revocation proceedings.

Tulip Innovation vs. Sunwoda 20257: Tulip (a consortium of LG Energy Solution and Panasonic) secured landmark injunctions in Germany against Sunwoda for infringing three EV battery separator patents. The rulings forced Sunwoda to halt sales and destroy inventory in Germany, and pay damages in principle. Sunwoda has filed nullity actions, where the preliminary opinions are that each of the patents are likely to be upheld. These are the first known final injunctions in Europe on car battery patents. Sunwoda has appealed. Tulipʼs success shows that licensing pools may enforce rights if voluntary licensing is ignored. Source: 6 Juve, 7 Juve

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