Tulip Innovation Obtains Additional Battery Patent Injunction against Sunwoda Group
The most recent decision arose from Tulip's action against Sunwoda Electronic, Sunwoda Mobility Energy Technology and their German affiliates Sunwoda Europe and Sunwoda Electric Vehicle Battery Germany based on the German part of the European Patent EP 2 378 595 B1. The oral hearing 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. Tulip's requests for additional relief 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 new injunction underscores the strength and breadth of the battery patent portfolio licensed by Tulip, and confirms that battery manufacturers implementing technology covered by the portfolio will face substantial burdens in litigation if they choose to operate without a license.
Giustino de Sanctis, CEO of Tulip, noted: "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." Andreas von Falck, Hogan Lovells Partner, added: "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."
The patent asserted relates to the combination of electrodes and 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 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.
Tulip is represented in the proceedings by a Hogan Lovells team including Dr. Andreas von Falck, Dr. Alexander Klicznik, Dr. Roman Würtenberger, Dr. Markus Kuczera, Lea Gröblinghoff, Dr. Michael Plagge and Dr. Yun-Suk Jang. Sunwoda is represented by A&O Shearman.
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