Hogan Lovells secures another win for Tulip Innovation in battery patent dispute against Sunwoda Group
On 17 July 2025, Tulip Innovation won another injunction in German litigation based on a patent concerning battery technology against the China based Sunwoda Group of companies. Tulip is the licensing agent for a portfolio of over 5,000 patents owned by LG Energy Solution and Panasonic Energy.
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 took place on 3 July 2025. The decision in favour of Tulip was handed down two weeks after the hearing, on 17 July 2025, granting Tulip the requested injunctive relief against the batteries at issue. In addition, all of Tulip’s further requests were 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.
This decision follows the earlier two decisions of 22 May 2025 against the same defendants based on two other patents in relation to car batteries in Germany.
Dr. Andreas von Falck, Hogan Lovells Partner, commented:
"We are very pleased with this confirmation of the strength of Tulip’s patent position by the Munich District Court. The patent in this case has a maximum term of 21 December 2029. The decision is well reasoned and we are confident that the decision will stand on appeal."
Giustino de Sanctis, CEO Tulip, added:
"This decision reinforces the value of Tulip’s program and demonstrates our commitment to upholding fair and competitive market conditions in the battery industry. Tulip looks forward to discussing broad licenses under the portfolio with all companies active in lithium-ion battery manufacturing."
The patent at issue is the German part of European Patent EP 2 378 595 B1 and is owned by Tulip. The docket number at the Munich District Court is 7 O 9068/24. The patent relates to an electrode arrangement and a complex separator arrangement in a battery. The batteries at issue in the case are specific models used in the Dacia Spring but the patent is applicable to any battery model to the extent that it makes use of the patented technology.
The decision is immediately enforceable against the provision of security but remains subject to appeal by Sunwoda, and Sunwoda has filed a separate nullity action relating to the patent that is pending.
Hogan Lovells team for Tulip Innovation
Dr. Andreas von Falck (Partner), Dr. Alexander Klicznik (Partner), Dr. Roman Würtenberger (Counsel), Dr. Markus Kuczera (Counsel), Lea Gröblinghoff (Associate), Dr. Michael Plagge (Asociate), Dr. Yun-Suk Jang (Associate) (all Intellectual Property /Patents, Dusseldorf)
A&O Shearman for Sunwoda Group: Dr. Stephan Neuhaus, Caroline Bley, Jan-Willem Prügel
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