Last July 17, the Munich Regional Court issued a third preliminary injunction in favor of Tulip Innovation in its ongoing patent dispute with members of the China-based Sunwoda Group. The ruling concerns European Patent EP2378595B1, related to battery electrode and separator technology, and follows two earlier injunctions granted last May 22 in separate cases.
The May 22 injunctions involved European Patents EP1829139B1 and EP2528141B1 which are also related to battery separator technology. The court granted injunctive relief in both cases after oral hearings concluded with immediate decisions from the bench.
The court granted Tulip’s request to stop the sale and distribution of the batteries, order their recall and destruction, and require Sunwoda to provide financial records to help calculate possible damages. The batteries in question include models used in the Dacia Spring electric vehicle.
This case marks the first-ever injunction in Germany related to electric vehicle battery technology, and also the first time a German court has imposed a broad sales ban against an EV battery manufacturer. Tulip’s success not only strengthens the credibility of its licensing program, but also sends a strong anti-“free-riding” message to global battery makers.
The case highlights the need for manufacturers to carefully check IP rights, since even parts like separators and not just battery chemistry can be protected by patents. The ruling also shows German courts are taking a strong stance on battery IP protection,which could influence how patents are enforced and licensed across the global EV battery industry.
Tulip is represented by Dr. Andreas von Falck, Dr. Alexander Klicznik, Dr. Roman Würtenberger, Dr. Markus Kuczera, Lea Gröblinghoff, Dr. Michael Plagge and Dr. Yun-Suk Jang from Hogan Lovells, while Sunwoda is represented by A&O Shearman.
What is Tulip Innovation?
Tulip Innovation manages a global licensing program for lithium-ion battery technology, helping manufacturers access key intellectual property from industry leaders. Launched in May 2024, the program combines over 5,000 patents from LG Energy Solution and Panasonic Energy into a single license, making it the largest offering of its kind in the battery sector. It covers a wide range of technologies, including battery materials, components, and processes, from cathodes to complete battery packs.
Tulip simplifies the licensing process through standardized agreements, streamlined administration, and a single point of contact. This offers an efficient path for manufacturers to secure essential IP rights (Related reading: Access Advance’s Video Distribution Patent Pool). Backed by LG and Panasonic, the program reflects industry trust in Tulip’s licensing team. It also supports fair competition by giving latecomers access to foundational battery technologies.
EV battery industry
According to MarketsandMarkets, the global EV battery market is projected to grow from approximately $92 billion in 2024 to $251 billion by 2035, driven by increasing EV adoption, ongoing technological progress, and supportive policy measures aimed at reducing emissions.
The EV battery industry is led by major companies that supply batteries to top automakers and invest heavily in new technologies. China’s CATL continues to supply batteries to automotive companies such as Tesla, BMW, Ford, and Hyundai. It developed the high-range Qilin battery and is investing in battery-swapping and energy storage. BYD, also from China, produces both EVs and batteries. Its Blade Battery is known for safety and is used by Tesla, Toyota, and Kia. Meanwhile, LG Energy Solutions supplies batteries to GM, Ford, and Volkswagen, and is building factories in the U.S. and Europe while working on solid-state batteries. Panasonic, on the other hand, partners with Tesla and is developing high-performance 4680 cells at a new $4B plant in Kansas.
Patent dispute over EV battery parts
As mentioned, the patents involved in the case relate to LG’s advanced battery separator technology, which plays a critical role in improving the safety and performance of lithium-ion batteries used in electric vehicles.
LG’s battery separator enhances power and durability
There has been growing interest in energy storage technologies, particularly lithium secondary batteries which are used in portable electronics and electric vehicles. While lithium-ion batteries offer high voltage and energy density, they suffer from safety concerns such as fire or explosion due to their organic electrolytes. These batteries often require complex manufacturing as well.
Lithium-ion polymer batteries were introduced to address these issues, but they often deliver lower capacity and perform poorly at low temperatures. A major issue that remains is the risk of internal short circuits from external impacts, which current separators cannot fully prevent.
To overcome these limitations, LG has developed a new type of battery separator, as described in the infringed patents, EP1829139B1 and EP2528141B1. Both patents present a composite porous separator made from a polyolefin-based substrate coated with inorganic particles and a binder polymer. This combination creates a stable, porous structure that allows lithium ions and electrolytes to move more easily, boosting battery performance.
Unlike traditional separators that may shrink or break down at high temperatures, this composite design stays intact under heat and stress. The inorganic particles, which have piezoelectric or lithium-conductive properties, help reduce voltage safely during a short circuit, lowering the risk of explosion. The coating also sticks firmly to the base, preventing layer separation and reducing resistance.
The patents also further outline specific materials and fabrication techniques, including preferred inorganic particle sizes (0.001–10 µm) and binder polymer properties such as glass transition temperature and dielectric constant. It also lists various materials that can be used, such as BaTiO₃ and LiTi₂(PO₄)₃.
Both ‘139 and ‘141 patents are titled, “Organic/inorganic composite microporous membrane and electrochemical device prepared thereby” and were filed on December 22, 2005. The ‘139 patent was granted on January 1, 2014, while the ‘141 patent was granted on August 13, 2014.
Both patents listed Sang-Young Lee, Seok-Koo Kim, Jung-Don Suk, Hyun-Hang Yong, Jang-Hyuk Hong, and Soon-Ho Ahn as inventors. The patents were represented by Heinz Goddar from Boehmert & Boehmert.
Better tab connections, safer separators
Traditional lithium-ion batteries can struggle with performance because of how they’re built. In common designs like jelly-roll or prismatic formats, electricity travels a long path between electrode tabs, which increases resistance and lowers power. These batteries also don’t combine key parts like the electrodes and separator well, making them harder to assemble and more vulnerable to safety issues like short circuits from impacts.
To improve both performance and safety, EP2378595B1 introduces a more efficient battery design. It repositions the uncoated sections of the electrodes so that tabs can be directly connected, shortening the current path and reducing resistance. The battery also uses a specially designed separator, which is made of a polyolefin-based material with added polymer and inorganic particles, that allows better ion flow and improves thermal stability. By laminating the electrodes and separator into a single unit through hot pressing, the structure becomes more stable and easier to produce.
The patent, titled “High-power lithium secondary battery”, was filed on December 21, 2009, and was granted on March 25, 2015. The patent listed Jong Hwan Kim and Han Ho Lee as inventors and was represented by Cabinet Plasseraud.
LG Chem: Patenting Activity
LG Chem’s European patent filings rose significantly starting in 2017 and peaked in 2022. Over the years, LG Chem has consistently filed patents for battery materials and clean energy, supporting its expansion in the European market as demand for sustainable tech and EV parts grows. Europe has become a critical market due to the EU’s green transition policies and local battery manufacturing initiatives such as the European Battery Alliance.
In 2020, the company separated its battery business to form LG Energy Solution to focus more on electric vehicle (EV) battery materials, a move that has likely fueled its patenting surge. The company noted that LG Energy Solution was initially valued at $11 billion, with projections that it could surpass $25 billion within four years.
Since the spin-off, LG Energy Solution has rapidly expanded its battery supply and recycling efforts in Europe. In July 2024, it signed a five-year agreement to supply 39 GWh of LFP batteries to Renault’s EV brand Ampere. That same year,, it secured a deal to supply 109 GWh of batteries to Ford’s electric vans in Europe. Recently, it launched a joint venture with Derichebourg to build recycling plants capable of processing battery scrap and recovering key materials like lithium, nickel, and cobalt.
LG Chem: Top Technology Areas
LG Chem has focused its patent filings on battery technologies (H01M), which make up the largest share at 25.9%. This reflects its strong commitment to electric vehicles and energy storage, especially after it established LG Energy Solution. The next category involves shaping or joining plastics (B29C), which likely supports their work on lightweight materials for cars and packaging. Other key areas include handling filament materials (B65H), layered products (B32B), chemical processes (B01J), and tools for measuring and analyzing materials (G01R and G01N). These filings reflect LG’s efforts to support Europe’s push for cleaner energy through innovation in batteries, advanced materials, and recycling technologies..
LG Chem: Top Law Firms
Our analysis showed that Plasseraud IP handled most of LG Chem’s patent filings, followed by Hoffmann Eitle and Heinz Goddar from Boehmert & Boehmert. Other firms, such as BCKIP, Ter Meer Steinmeister & Partner, and several others, handled far fewer cases. This shows that LG Chem and LG Energy Solution mostly relied on a few key law firms to handle their European patents, especially with their increased work on battery and materials innovations.
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