One wave after another, the patent attack and defense war between Ningde Era and China New Aviation is still continuing to see, reflecting the intensification of technology and talent competition in the industry.
Patent battles are holding up the IPO process
On August 1, there was market news that,In response to the patent infringement of Zhongchuang Xinhang Xin, Ningde Times once again filed a lawsuit, and the Fujian Provincial High Court has accepted the case, claiming 130 million yuan.At the same time, Ningde Times has formally sued the courtunfair competition.Ningde Times confirmed the above information is true.
Ningde Times has filed five cases against CSIA between July and September 2021action for infringement of a patent，Related to positive electrode plates and batteries, explosion-proof devices, flow collecting components and batteries, lithium-ion batteries, power battery cover structure and power battery patents. In May 2022, Ningde Times increased the claim amount to 518 million yuan.
The combined claim amount of the two cases has reached 648 million yuan, equivalent to nearly six times the company's net profit of 112 million yuan in 2021.
Ningde Times also asked the court to immediately stop the infringement of the relevant patents, including but not limited to stop manufacturing, selling or offering to sell related products applying the above-mentioned patents. Ningde Times said the patents involved involve invention and utility model patents, and the suspected infringing batteries have been carried on tens of thousands of vehicles.
Csia denied infringement and filed the complaint with the State Intellectual Property Office after receiving itPatent invalidation request.According to the State Intellectual Property Office, of the five patents involved in the lawsuit, one remained valid after review and one was partially valid after review. The remaining three patent requests were refiled after being withdrawn by CSIA.
Filing a patent invalidation request is a common operation of the defendant in patent litigation. Tang Huadong, a partner of Zhide Law Firm, told the Securities Times ·e company reporter that if the patent is found to be invalid, then the patentee has no right base to Sue the infringement, and the plaintiff can only withdraw the lawsuit or be ruled to dismiss the lawsuit; If it is not found to be invalid, one case is that the original scope of protection has not changed, the other is partially invalid, but if the scope of protection of the valid claims can still cover the infringing product, then the lawsuit can continue.
It is worth noting that Zhongchuang Singapore Airlines is in the road show period before listing in Hong Kong, and the patent infringement case has a direct impact on the listing process. A senior person in the lithium battery industry told the Securities Times ·e company reporter that Zhongchuang Xinhang is now an unfavorable party, but the infringement is difficult to define from a judicial point of view, Ningde era needs solid evidence, "Ningde era may not be intended to win the case, but to slow down the listing process of ZhongChuang Xinhang, if so, the pressure behind ZhongChuang Xinhang will be great. Because their last rounds of financing had a time horizon."
Enterprise check shows that the latest round of financing of Zhongchuang New Aviation was in September 2021, with the participation of the aviation industry, Wuhan state-owned Capital, Changzhou Government, Xiamen government, National Manufacturing Transformation Fund, Chengdu State-owned Capital and other parties, raising a total of 12 billion yuan. According to the prospectus, CSIA plans to raise HK $7.8bn in Hong Kong.
In response to the outside world's questions about the progress of the case, Zhongchuang Singapore Airlines issued a statement on July 27, saying that the judicial and administrative departments have not made a ruling, and the relevant case is still in the trial stage. The Ningde Times said that the previous patent invalidation request made by Zhongchuan New Airlines to the State Knowledge Bureau was not successful, and the infringement case has entered the substantive trial stage of the court, and the new patent invalidation request will not affect the court's trial procedure.
Technical personnel friction is constant
The rapid rise of second-line battery factories, and the competitive pattern of power batteries is changing.China's automotive power battery industryInnovation Alliance data show that in the first half of this year, Ningde era power battery load was 52.5GWh, accounting for 47.67% of the market, ranking first; China Innovation Airlines ranked third, with 8.35GWh of loading capacity, accounting for 7.58%. In terms of ternary batteries, the gap between the two is smaller, Ningde Times and ZhongChuang New Airlines ternary batteries loaded 22.89GWh and 6.68GWh in the first half of the year, accounting for 50.19% and 14.65%, ranking the top two in the market.
The technical route where the two sides overlap is the square shell ternary battery. "Zhongchuang Xinair dug a lot of people from the Ningde era, these people brought the teryuan battery technology and manufacturing experience to the past, Ningde era may also therefore think that the other party infringement." However, Zhongchuang new aviation mining people pay more attention, on the surface, they belong to reasonable talent flow, Ningde era can not Sue from the violation of competition restrictions." The lithium industry veteran said.
Previously, nine technical employees who joined two Honeycomb energy affiliated companies after leaving the company were sued by Ningde Times for violating the competition agreement and were required to pay liquidated damages of 1 million yuan each.Ningde Times sued Hive Energy for unfair competition. Not long ago, Ningde Times and Honeycomb Energy reached a settlement on the unfair competition dispute, and Ningde Times received a settlement of 5 million yuan from Honeycomb Energy.Hive Energy is also in the process of preparing for an IPO.
Earlier, Ningde Times also sued Tafel in 2020 for infringement of the "explosion-proof device" patent, and claimed 120 million yuan, and was eventually awarded 23.3 million yuan.
Source: Securities Times
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