China Innovation Aviation Technology Co., Ltd. (hereinafter referred to as China Innovation Aviation issued an announcement stating that it received the Civil Judgment issued by the Fuzhou Intermediate Court on November 29, 2022.
According to the judgment, Zhongxinhang should immediately stop selling products that infringe the invention patent rights of Ningde Times New Energy Technology Co., Ltd. (hereinafter referred to as Ningde Times) as soon as the judgment takes effect. However, Zhongxinhang stated in the announcement, Technological progress and product iteration in the field of power batteries are fast. The company’s products have adopted more advanced technology, which is completely different from the early technology of the patent involved in the lawsuit. It no longer exists in the judgment of this announcement. The mentioned circumstances need to immediately stop selling the products involved in the lawsuit.
In addition to stopping the sale of products, Zhongxinhang shall compensate Ningde Times for its economic losses of RMB 2,632,500 within 15 days from the effective date of this judgment, and pay RMB 127,500 for the temporary protection period of the invention patent; Within 15 days from the effective date, pay reasonable expenses of RMB 200,000 to Ningde Times.
The judgment in this announcement is the first-instance judgment of the Fuzhou Intermediate People's Court, not the final and effective judgment. China Innovation Aviation stated that it will appeal the first-instance judgment to the Supreme Court within the appeal period, and the time and result of the final judgment cannot be determined yet. At the same time, some of the claims in the patent involved in the lawsuit remain valid and are still under trial by the Beijing Intellectual Property Court. Therefore, the company currently does not need to pay the first-instance compensation of the Fuzhou Intermediate People's Court.
According to The Paper, the case originated in October 2021, when Ningde Times filed a lawsuit against Zhongxinhang and Ningde Xingyuan Automobile Trading Co., Ltd. on "current-collecting components and batteries" (ZL201810039458.6) (the patent involved in this lawsuit) ), filed an intellectual property infringement claim with the Fuzhou Intermediate Court of Fujian Province. However, this judgment only involves part of CATL’s patent infringement case against Zhongxinhang. From July to September last year, Ningde Times filed a lawsuit with the Fuzhou Intermediate People's Court. Zhongxinhang was considered to have infringed a total of 5 patents, including positive pole pieces and batteries, explosion-proof devices, current collecting components and batteries, and lithium-ion batteries. , power battery top cover structure and power battery, etc., including 3 invention patents and 2 utility model patents. CATL's claim amount is 185 million yuan. In May of this year, Ningde Times proposed to the court to increase the amount of compensation to 518 million yuan. On August 1 this year, Ningde Times once again filed a lawsuit with the Fujian Provincial Higher People's Court against a patent infringement of China Innovation Aviation, claiming a claim of 130 million yuan.
According to data from the China Automotive Power Battery Industry Innovation Alliance, in the first 10 months of 2022, in terms of domestic power battery installations, Zhongxinhang has an installed capacity of 15.39GWh and a market share of 6.86%, closely following Ningde Times and BYD ranked third.
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