Contemporary Ampere Technology Co., Ltd. New Energy Technology Co., Ltd. (hereinafter referred to as "Contemporary Ampere Technology Co., Ltd.") was established on 201. It is one of the first internationally competitive power battery manufacturers in China, focusing on the research, development, production and sales of power battery systems and energy storage systems for new energy vehicles, and is committed to providing first-class solutions for global new energy applications. Its core technologies include materials, batteries, battery systems and battery recycling in the fields of power and energy storage batteries.
20 15, 15 On February 29th, Contemporary Amp Technology Co., Ltd. submitted an application for a patent for utility model named "Explosion-proof Device" to China National Intellectual Property Administration, and the patent was granted on May 29th, 20165438 with the patent number ZL20/kloc-0. The authorization announcement number is CN20523 1 128U (hereinafter referred to as the patent involved). After authorization, the plaintiff has been fulfilling the obligation to pay the annual fee in time to maintain the validity of the patent right, and the patent involved has been in a valid state.
Jiangsu Tafeier New Energy Technology Co., Ltd. (hereinafter referred to as "Jiangta Company") was established in July 17. Dongguan Tafeier New Energy Technology Co., Ltd. (hereinafter referred to as "Dongta Company") was established on 20151018. Dongta Company is a wholly-owned subsidiary of Shenzhen Tafeier New Energy Technology Co., Ltd., which is a wholly-owned subsidiary of Jiangta Company. The following Jiangta Company and Dongta Company are collectively referred to as "Erta Company".
Erta Company implemented the patent involved without the permission of Contemporary Amp Technology Co., Ltd., and the specific actions include: * * For the purpose of production and operation, using the technical scheme of the patent involved to manufacture, sell and promise to sell the power battery with the specification of NCM 100Ah, which constitutes infringement of the patent involved. In addition, the power batteries manufactured, sold and promised to be sold by Erta Company with specifications of NCM 120Ah and NCM 135Ah for production and operation purposes are also suspected of implementing the patents involved because they adopt the same technical scheme as NCM 100Ah power batteries.
Dongta Company argued that it agreed with Jiangta Company's reply.
The patent name of the utility model involved is "explosion-proof device", the application date is 20 15 12.29, and the authorization announcement date is 2016may1,and the patentee is Contemporary Ampere Technology Co., Ltd. The patent * * * contains claim 10.
People's Republic of China (PRC) Patent Law (revised in 2008)
Article 11 Paragraph 1 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, nor may it use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.