Contemporary Amperex Technology Co., Limited (CATL) Continues EV Battery Patent War Against China Aviation Lithium Battery (CALB)

Share Post:

Per a filing with the Stock Exchange of Hong Kong Limited dated July 26, 2024, CALB Group Col., Ltd. (中創新航科技集團股份有限公司) announced it was sued (again) by CATL. CATL is the largest EV battery producer in the world with a global market share of about 37% in 2023. CALB is an emerging rival ranking third in China behind CATL and BYD. CATL is requesting an injunction and damages of 92 million RMB against CALB for allegedly infringing Chinese utility model no. ZL201720968992.6 entitled “Secondary Cell.”

CALB expects no impact from the litigation, stating,

With the rapid technological progress and product iteration speed in the EV battery field, we have adopted more advanced technology and structural design in our products, and there is no basis for the plaintiff to claim that it is necessary to immediately cease manufacturing, selling and offering to sell the products that infringe the Patent Involved in the Litigation. At present, the litigation involved in this announcement has not yet been heard, and there is no final judgment of the court, and it will not have any adverse impact on the current and future production and operations of the Company.

CATL previously won patent infringement lawsuits against CALB in 2023 for 35.8 million RMB for infringement of utility model ZL201910295365.4 and 20.1 million RMB for infringement of utility model ZL201810696957.2.  Both patents were later invalidated and the lawsuits dismissed. 

On May 20, 2024, CALB also announced that CATL won a patent infringement lawsuit for utility model ZL201521112402.7. CATL was awarded 40,558,257 RMB in damages and an injunction. CALB is appealing and has filed to invalidate the utility model. CALB stated that 

… There is no circumstance where the Company is required to immediately cease using, selling or offering to sell the products that infringe the Patent Involved in the Litigation as mentioned in the Judgment. The Judgment is a first-instance judgment of the Fujian Higher Court and the Company is currently not required to pay the compensation in first-instance judgment of the Fujian Higher Court. The Judgment will not have any adverse impact on the Company’s current production and operation.

The original announcement is available here: 2024072601567.

Author: Aaron Wininger

Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.

Author: Aaron Wininger

Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.