ATL and Hogan Lovells victorious in lithium-ion battery battle with CosMX Power

China-based company Ningde Amperex Technology, better known as ATL, is one of the world’s biggest manufacturers of rechargeable lithium-ion batteries. ATL has accused various CosMX Power subsidiaries of infringing its European patent EP 3 627 606 B1 with its lithium-ion batteries, which are mainly installed in laptops.

Munich Regional Court confirmed this in mid-March (case IDs: 44 O 11698/22 and 44 O 11725/22). EP 606 protects an electrolyte and electrochemical device.

Head-to-head

Steffen Steininger

ATL also sued the German, Italian and Dutch subsidiaries of the computer manufacturer Acer, which installs CosMX batteries in its laptops. They may now no longer sell these specific laptops in Germany. Munich Regional Court has not yet ruled on a separate case against the Acer parent company (case ID: 44 O 138/24).

In 2015, the patent dispute between Chinese mobile communications giants Huawei and ZTE made legal history with the CJEU’s leading decision on FRAND. But otherwise, patent disputes between Chinese companies in Europe are rare.

Since 2022, however, the two major Chinese manufacturers of laptop and computer batteries, ATL and CosMX, have fought in Munich over the use of patented technology.

Appeal to come

CosMX Power may no longer offer or sell its batteries individually in Germany. The company states that it has not yet sold any batteries individually in Germany. Nevertheless, the products were advertised on its website, which Munich Regional Court has now also prohibited. As a result, CosMX Power may no longer offer the batteries to other manufacturers for installation in their laptops if the latter are intended for the German market.

The judgment included recall of products, as well as the provision of information and rendering of accounts. CosMX and Acer confirmed to JUVE Patent that they will shortly appeal the judgment at Munich Higher Regional Court.

Battery disputes in vogue

Validity proceedings between ATL and a CosMX Power subsidiary before the German Federal Patent Court (case ID: 3 Ni 12/23) are still pending. According to a preliminary opinion from the court, it is likely the judges will find EP 606 valid.

The main nullity hearing is scheduled for 2025, with the litigation part of a larger series of proceedings between the parties which are also pending in the US and China.

In another major dispute over battery technology, Japanese company MU Ionic is fighting with CATL and German car manufacturer Opel over lithium-ion batteries used in cars. In February 2023, Düsseldorf Regional Court rejected a claim by MU Ionic against CATL and Opel. However, the dispute remains ongoing.

CosMX changes horses

In the course of proceedings, the defendants changed their advisors. Initially, a Munich-based team from Finnegan Henderson Farabow Garrett & Dunner led proceedings. However, following the oral hearing, in January CosMX and Acer instructed a team from Eisenführ Speiser. Munich partner Michael Schneider led the case.

Michael Schneider

ATL retained Hogan Lovells for the first time in a patent case. Partner Steffen Steininger is leading the patent litigation campaign in Germany. Patent attorney Stephan Jellbauer of IP firm Weickmann & Weickmann provides support.

For ATL
Hogan Lovells (Munich): Steffen Steininger (lead, partner); associate: Daniel Kaneko
Weickmann & Weickmann (Munich): Stephan Jellbauer (patent attorney)

For CosMX and Acer
Eisenführ Speiser (Munich/Bremen): Michael Schneider (lead), Philipp Rastemborski, Uwe Stilkenböhmer (partner, patent attorney; all partners)

Regional Court Munich, 44 Civil Chamber
Ann-Kristin Fricke (presiding judge)