The Beijing Intellectual Property Court’s judgment to maintain Asahi Kasei’s Chinese patent relating to separator for lithium ion secondary battery
Patent infringement litigation over separator for lithium ion secondary battery
December 1, 2021
Asahi Kasei Corp.
In the case of an invalidation trial against a Chinese patent (Patent No. ZL200680046997.8; hereinafter, "Patent") owned by Asahi Kasei Corporation (Head Office: Chiyoda-ku, Tokyo; President: Hideki Kobori; hereinafter, "Asahi Kasei"), the Beijing Intellectual Property Court of the People's Republic of China rendered a judgment to maintain the Patent on September 28, 2021.*
In August 2018, Asahi Kasei filed a patent infringement lawsuit with Shenzhen Intermediate People's Court against Shenzhen Xu Ran (旭冉) Electronic Co., Ltd. and Shenzhen Xu Ran (旭然) Electronic Co., Ltd. (hereinafter, "Xu Ran Electronic and Others"**), both selling separators for lithium ion secondary batteries in Shenzhen, China, as joint defendants, based on the Patent owned by Asahi Kasei, seeking an injunction prohibiting Xu Ran Electronic and Others from selling their "single-layer W-scope" battery separators in China and compensation for damages (a total of 1 million yuan). In December 2020, the Supreme People's Court of the People's Republic of China rendered a final decision which fully accepted Asahi Kasei's claim of patent infringement and ordered to stop selling the above products and to pay compensation for damages.
In this trial case, Shenzhen Xu Ran (旭冉) Electronic Co., Ltd. requested the invalidation of the Patent after the lawsuit was filed by Asahi Kasei. The China National Intellectual Property Administration made a decision to maintain the Patent.*** In response, the other party filed an appeal with the Beijing Intellectual Property Court of the People's Republic of China, and this time the judgment was rendered to maintain the Patent as above.
Asahi Kasei will continue to pay close attention to the issues concerning its intellectual property rights and will take, if necessary, proactive measures to protect them.
- *The judgment to maintain all claims subject to examination in the patent infringement lawsuit above
- **Distributors in China of W-SCOPE Corporation (Head Office: Shinagawa-ku, Tokyo)
- ***The trial decision to maintain all claims subject to examination in the invalidation trial case filed with the China National Intellectual Property Administration