Contemporary Amperex Technology Co. (CATL) Scores Another Win Against CALB Group With 20 Million RMB Award in Ongoing EV Battery Patent Infringement Battle

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In a third patent infringement victory for Contemporary Amperex Technology Co., Limited (CATL) against CALB Group Co., Ltd. (中創新航科技集團股份有限公司), the Fuzhou Intermediate Court on February 21, 2023 awarded CATL an injunction, 20,100,000 RMB in damages and 202,693.12 RMB in reasonable costs for infringing Chinese patent CN108878892B (ZLZL201810696957.2). Prior patent infringement awards to CATL against CALB included 35.8 million RMB for Chinese patent CN110010851B (ZL201910295365.4) and 2.6 million RMB  for Chinese patent CN108258180B (ZL201810039458.6).

Per the abstract of the corresponding US patent for Chinese patent CN108878892B, the patent discloses 

a positive electrode plate and a battery, the positive electrode plate comprises a positive current collector and a positive film, the positive film is provided on least one surface of the positive current collector and comprises a positive active material, the positive active material comprises a layered lithium-containing compound, and an OI value of the positive film represented by COI is less than or equal to 150. The positive electrode plate of the present disclosure has smaller swelling and excellent dynamics performance, and the battery of the present disclosure has high safety performance, excellent dynamics performance and long cycle life at the same time.

CALB states it will appeal the ruling and has also filed a request for invalidation at the China National Intellectual Property Administration (CNIPA), which is still pending.

So far, CATL has been awarded over 58.5 million RMB in total damages in its patent battle against CALB according to stock exchange filings. 

The Hong Kong Stock Exchange filing for this litigation can be found here: 2023022100855.

Author: Aaron Wininger

Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.

Author: Aaron Wininger

Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.