The patent-in-suit EP 2 378 595 B1 protects an electrode arrangement and complex separator arrangement in a battery. It remains valid until December 2029. The panel at Munich Regional Court under presiding judge Oliver Schön has found the patent to be infringed (case ID: 7 O 9068/24) and granted claimant Tulip an injunction.
Sunwoda filed a parallel nullity suit at the German Federal Patent Court (case ID: 3Ni 20/24). In its preliminary opinion, the patent court indicated that EP 595 would likely be maintained in its original form. However, the Chinese plaintiff introduced additional prior art in the nullity action, which the patent court did not address in its qualified opinion. In view of this, Tulip asserted a sub-claim in the infringement proceedings, representing a somewhat narrower version of the patent.
Appeal pending
Tulip Innovation has sued Sunwoda over several patents concerning battery technology in Germany. According to Tulip, the NPE manages a portfolio of over 5,000 patents owned by LG Energy Solution and Panasonic Energy. Chinese technology company Sunwoda specialises in researching and manufacturing lithium-ion battery modules.
The batteries in question are specific models used in the Dacia Spring. Romanian manufacturer Dacia — part of the Renault Group — produces the small electric car in China. The Dacia Spring uses Sunwoda batteries and sells globally. However, the patent applies to any battery model that uses the patented technology.
In a ruling concerning two other patents, EP 1 829 139 B1 and EP 2 528 141 B1, Munich Regional Court imposed a temporary sales ban on certain Sunwoda batteries in May. As these patents expire in 2026, the current judgment should serve to extend the sales ban.
Sunwoda has appealed against the May decision. The defendant will likely do the same regarding the present case concerning EP 595.
Mixed teams
As in the recent proceedings in spring, Hogan Lovells represented claimant Tulip. The mixed team led by Düsseldorf-based partners Andreas von Falck and Alexander Klicznik includes Roman Würtenberger, Markus Kuczera, Lea Gröblinghoff, Michael Plagge, and Yun-Suk Jang. Klicznik and Jang are patent attorneys. The team also represents Tulip in the parallel nullity proceedings.
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- Andreas von Falck
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- Stephan Neuhaus
Sunwoda retained A&O Shearman’s patent practice. Stephan Neuhaus from the Düsseldorf office is handling the dispute, while associate Leonhard Vill and patent attorneys Caroline Bley and Stephan van der Vlugt provide support.
In addition, Sunwoda engaged patent attorneys from df-mp to advise on the validity of the other patents-in-suit and in the nullity proceedings. However, in the EP 595 case, A&O’s mixed team is handling the infringement and nullity proceedings, with Neuhaus and Bley leading.
