Patent infringement|Three companies infringed on CATL’s power battery patent and were ordered to pay RMB 23.3 million in damages

Recently, the China Judgment Documents Network released the "Infringement of Utility Model Patents by CATL New Energy Technology Co., Ltd., Jiangsu Tafel New Energy Technology Co., Ltd., Dongguan Tafel New Energy Technology Co., Ltd., etc." Civil Judgment of the First Instance on Rights Disputes. Ningde Times appealed to the Fujian Provincial Higher People's Court that Ertafel Company manufactured and sold power batteries containing the patent in question without the permission of Ningde Times, which constituted infringement of the patent rights involved in the case. It requested an order to order Ertafel Company to jointly and severally compensate the plaintiff for economic losses. 120 million yuan.

CATL New Energy Technology Co., Ltd. (hereinafter referred to as "CATL") was established in 2011. It is one of the first internationally competitive power battery manufacturers in China, focusing on new energy vehicle power batteries. The research and development, production and sales of systems and energy storage systems are committed to providing first-class solutions for global new energy applications. The core technologies include materials, cells, battery systems, battery recycling and secondary utilization in the field of power and energy storage batteries. Industrial chain R&D and manufacturing capabilities.

CATL submitted a utility model patent application titled "Explosion-Proof Device" to the State Intellectual Property Office on December 29, 2015. The application was granted patent on May 11, 2016, with the patent number ZL201521112402 .7. The authorization announcement number is CN205231128U (hereinafter referred to as the patent involved in the case). After authorization, the plaintiff has always fulfilled its obligation to pay annual fees in a timely manner to maintain the validity of the patent right, and the patent involved in the case has always been in a valid state.

Jiangsu Tafel New Energy Technology Co., Ltd. (hereinafter referred to as "Jiangta Company") was established on July 14, 2017. Dongguan Tafel New Energy Technology Co., Ltd. (hereinafter referred to as "Dongta Company") was established on November 18, 2015. Dongta Company is a wholly-owned subsidiary of Shenzhen Tafel New Energy Technology Co., Ltd. Shenzhen Tafel New Energy Technology Co., Ltd. is a wholly-owned subsidiary of Jiangta Company. The following Jiangta Company and Dongta Company are collectively referred to as "Er Tower Company".

Erta Company implemented the patent involved in the case without the permission of CATL. The specific actions include: for the purpose of production and operation, the power battery with the specification of NCM100Ah used the patent involved in the case. The technical solution constitutes infringement of the patent rights involved. In addition, Erta Company manufactured, sold, and promised to sell power batteries with specifications of NCM120Ah and NCM135Ah for production and business purposes. Since it used the same technical solution as the NCM100Ah power battery, it was also suspected of implementing the patent involved.

Dongta Company argued and agreed with Jiangta Company’s defense opinions.

The name of the utility model patent involved in the case is "Explosion-proof Device". The application date was December 29, 2015, and the authorization announcement date was May 11, 2016. The patentee is CATL. The patent*** contains 10 claims.

Patent Law of the People's Republic of China (Revised in 2008)

After the invention and utility model patent rights in Paragraph 1 of Article 11 are granted, except as otherwise provided in this Law Except as stipulated, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented methods or use or promise. Sell, sell, and import products directly obtained according to the patented method.