Summer Pool Games Heat Up: Patent Owner Dunks EV Battery Manufacturer

Baker Botts L.L.P.
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Baker Botts L.L.P.

About a year ago, two major tech companies launched Tulip Innovations to manage a pool of 5000+ patents focused on battery technologies, inviting manufacturers to collaborate and take a license. But it's not all fun and games at the pool – now they're building their case for those who don't join. They just won an injunction in Germany against one manufacturer of lithium-ion batteries for EVs. The result? Pay for a license or recall and destroy the infringing batteries in your inventory. The manufacturer has challenged the patent's validity, but that won't be decided until summer 2026. Cases like these often foreshadow (and bolster) a larger litigation campaign, so battery manufacturers should understand their risk if they're swimming in these waters.

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.

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