Hogan Lovells Secures Landmark Injunctions for Tulip Innovation in Battery Patent Dispute Against Sunwoda Group

The oral hearing before the Munich District Court’s 7th division against Sunwoda Electronic and Sunwoda Mobility Energy Technology as well as their German affiliates Sunwoda Europe and Sunwoda Electric Vehicle Battery Germany resulted in an immediate decision from the bench, granting Tulip the requested injunctive relief against the batteries at issue in both matters. In addition, all further Tulip requests were also granted, including obligations for Sunwoda to recall and destroy any remaining batteries in its direct or indirect possession, pay damages to Tulip in principle, and provide detailed accounting information to enable Tulip to calculate its damages claim.

The two decisions appear to be the first injunctions in relation to car batteries in Germany and represent a major milestone for Tulip’s licensing program as they demonstrate the value of its portfolio. They show that there is no "free riding" for battery manufacturers on the technology invented by the innovation leaders in the field, including LG Energy Solution, and Panasonic Energy. 

Andreas von Falck, Hogan Lovells Partner, commented:

"We are very pleased with the court’s decision and are confident that the decision will stand on appeal."

Giustino de Sanctis, CEO of Tulip, added:

"The Tulip program is an excellent opportunity for companies active in lithium-ion battery manufacturing to obtain broad licenses for major technology areas that could serve as bedrocks for their businesses. By providing a fair patent license opportunity to industry latecomers, Tulip will contribute to upholding fair and competitive market conditions in the battery industry."

The two patents in litigation are the German parts of the European Patents EP 1 829 139 B1 and EP 2 528 141 B1, and are co-owned by Tulip and LG Energy Solution. They both relate to a battery separator, an important element for the safety and performance of a car battery. The batteries at issue in the case are specific models used in the Dacia Spring but the patents are applicable to any battery model to the extent that it makes use of the patented technologies.

The decisions are immediately enforceable against the provision of security but remain subject to appeal by Sunwoda, and Sunwoda has filed separate nullity actions relating to the patents that are pending.

Tulip is represented in the proceedings by a Hogan Lovells team including Dr. Andreas von Falck, Dr. Alexander Klicznik, Dr. Roman Würtenberger, Lukas Sievers, Dr. Michael Plagge and Dr. Yun-Suk Jang. Sunwoda is represented by A&O Shearman and df-mp.