Non-practicing entity (NPE) Tulip Innovation has won a lawsuit against Sunwoda in a battery technology dispute at the Munich Regional Court. The ruling could significantly extend the validity period of the sales ban issued in May this year.

The patent in question is EP 2378595 B1, which protects an electrode structure and composite separator structure in a battery, with a validity period extending until December 2029. The Munich Regional Court panel, presided over by Judge Oliver Schön, ruled that the patent had been infringed (case number: 7 O 9068/24) and issued the injunction.

It is reported that Tulip Company manages over 5,000 patents owned by South Korea's LG Energy Solution and Japan's Panasonic Energy. Chinese technology company Xinwangda specializes in the research, development, and manufacturing of lithium-ion battery modules. The battery in question is a specific model used in the Dacia Spring vehicle. Dacia is a Romanian automobile manufacturer and a brand under the Renault Group. Its compact electric vehicle, the Dacia Spring, is produced in China. The model is equipped with Xinwangda batteries and is sold globally. However, the scope of protection of the patent in question covers all battery models utilizing the patented technology.

It is reported that Xinwangda has filed a parallel invalidity lawsuit with the German Federal Patent Court (Case No.: 3Ni 20/24) . The Federal Patent Court noted in its preliminary opinion that Patent EP 595 is likely to maintain its original validity. However, the plaintiff Xinwangda submitted new prior art in the invalidity proceedings, and the patent court did not address this in its expert opinion. In light of this, Tulip Company raised a dependent claim in the infringement proceedings, with a slightly narrower scope of patent protection.

Tulip Company has filed lawsuits against Xinwangda in Germany regarding multiple battery technology patents. In May this year, the Munich Regional Court issued a preliminary sales injunction against some of Xinwangda's batteries in a judgment involving two other patents (EP 1829139 B1 and EP 2528141 B1), which are set to expire in 2026. The new injunction issued in this ruling is expected to extend the validity period of the sales ban.

Xinwangda has appealed the May ruling. The defendant may also appeal the case involving EP 595.