Claim 110 million! Umicol vs. Dunsheng Technology-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Claim 110 million! Umicol vs. Dunsheng Technology

Release Time：

2022-08-29

On August 19, Beijing Dang Sheng Material Technology Co., Ltd. issued a subsidiary announcement. The announcement said that Jiangsu Dangsheng Material Technology Co., LTD., a subsidiary of Beijing Dangsheng Material Technology Co., LTD., received the "Civil Complaint" ((2022) Su 05 No. 715, 716) submitted by the Intermediate People's Court of Suzhou City, Jiangsu Province, on August 18, 2022, and other related materials. As of the date of disclosure of this announcement, the case has been filed for acceptance and has not yet been heard.

On August 19, Beijing Dang Sheng Material Technology Co., Ltd. issued a subsidiary announcement.

The announcement said that Jiangsu Dangsheng Material Technology Co., LTD., a subsidiary of Beijing Dangsheng Material Technology Co., LTD., received the "Civil Complaint" ((2022) Su 05 No. 715, 716) submitted by the Intermediate People's Court of Suzhou City, Jiangsu Province, on August 18, 2022, and other related materials. As of the date of disclosure of this announcement, the case has been filed for acceptance and has not yet been heard.

The plaintiff, Yumicol, claims that it has the patent right of invention No. ZL201280023315.7 in China, and believes that the technical solution contained in various lithium metal oxide powders (the "accused infringing products") of the defendant, Jiangsu Dongsheng Material Technology Co., Ltd. falls within the scope of protection of the patent concerned, and the defendant has not obtained its permission. At least commit the act of manufacturing, selling or offering to sell the alleged infringing product.

Claims

1. Order the defendant to immediately stop infringing the two invention patents, including but not limited to: stop manufacturing, selling, promising to sell the accused infringing products;

2. Ordered the defendant to pay compensation to the plaintiff for its infringement, RMB 53.89 million for each patent;

3. Order the defendant to bear the reasonable expenses paid by the plaintiff to stop the infringement, RMB 1.5 million for each patent;

4. The defendant was ordered to bear all litigation costs of the case. The total is 110.78 million yuan (16.13 million US dollars, 16.19 million euros).　

Dang Sheng Technology responds:

Up to now, the company has submitted more than 400 domestic and foreign patent applications, has been authorized more than 200, and presided over or participated in the development of a number of national standards and industry standards for related products. The products involved in this lawsuit are independently researched and developed by the company and have independent intellectual property rights. The litigation cases involved in this announcement will not affect the company's core technology and independent research and development capabilities.

Dangsheng Technology pointed out that this lawsuit does not affect the daily production and operation of the company, the company has hired a professional team of intellectual property lawyers to actively respond to the lawsuit, assert their rights in accordance with the law, and effectively safeguard the legitimate rights and interests of the company. Since the case has not yet been heard, the impact of this lawsuit on the company is subject to the effective judgment of the court.

It is also reported that Yumicol sued Rongbai Technology twice for compensation of 315 million yuan

Before the lawsuit against Dang Sheng Technology, Umicol company has launched a patent lawsuit against another ternary anode material company - Rong Bai Technology:

In September 2020, Rongbai Technology announced that Yumicol had filed a lawsuit with the Ningbo Intermediate People's Court, accusing its S6503 product of infringing its invention patent No. ZL201280008003.9 "High nickel cathode material with low soluble alkali content", requiring a total compensation of about 62.03 million yuan.

In September 2021, Yumicol again accused Rongbai Technology's S85E product of infringing its ZL201580030857.0 patent called "positive electrode material with excellent hardness strength", and requested the court to order Rongbai Technology to stop the infringement and compensate for economic losses of 107 million yuan. The provisional protection fee for the invention patent was 146 million yuan, and the reasonable fee of 96,300 yuan paid by the plaintiff to stop the infringement was about 253 million yuan in total.

That is, Umicol Company in two consecutive lawsuits against Rong Bai Technology, a total of about 315 million yuan.

It is understood that the current Yumicol company and Rongbai technology case is still in progress, in the first instance judgment, Ningbo Intermediate Court that Rongbai technology does not infringe.

Another more important case involving NCM811, claims about 253 million yuan of patent invalidation is still in the Patent Office trial, invalid results and the Ningbo Intermediate Court's ruling will determine whether Rong Bai technology needs to bear huge compensation.

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Source: IPRdaily integrated giant tide information network, Sina Finance

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