SOPHIA ANTIPOLIS, France – September 01, 2025 │ As Europe accelerates its battery ambitions, a new wave of litigation is emerging, where patents are becoming as critical as production lines.
Growing Momentum: Europe’s Battery Market Fuels Intellectual Property Enforcement
The electrification of transportation and the ramp-up of stationary energy storage have made Europe a strategic hub for the global battery industry. With numerous gigafactories under construction and strong policy support from the EU’s Green Deal and the Battery Regulation, the continent is fast becoming a critical center for lithium-ion cell development, production, and trade. This boom has not only brought commercial opportunity, but also a growing wave of litigation as companies seek to enforce their intellectual property (IP) rights. As technical differentiation becomes essential and supply chains diversify, IP portfolios are increasingly weaponized to defend market share and extract licensing value. One of the most prominent examples of this emerging trend is the legal confrontation between Tulip Innovation and Sunwoda in Germany, one that reflects the intensifying IP vigilance in the European battery space.
Tulip Innovation: A New IP Licensing Company in the Battery Arena
Tulip Innovation was established in May 2024, headquartered in Budapest, Hungary. The company positions itself as a licensing vehicle to enforce and monetize large portfolios of battery-related patents from LG Energy Solution (LGES) and Panasonic Energy. Tulip manages a portfolio of over 5,000 patents covering technologies such as battery separators, electrodes, electrolytes, and structural cell designs. As a non-practicing entity (NPE), Tulip does not manufacture battery components itself but acts on behalf of its licensors to enforce IP rights, particularly in Europe where the uptake of electric vehicles and green industrial policy is accelerating rapidly. Tulip‘s entrance into the IP battleground marks a shift toward more organized, aggressive licensing strategies in the battery sector.
Figure 1: Overview of battery patent lawsuits in Germany between Tulip Innovation/LG Energy Solution and Sunwoda.
Tulip vs. Sunwoda in Germany: A Trilogy of Litigation
In 2025, Tulip Innovation initiated a coordinated series of patent infringement actions in Germany against Sunwoda, a Chinese battery manufacturer with growing presence in Europe. Sunwoda supplies batteries to major automakers, including Geely Auto, Renault Group, Nissan and Dongfeng Motor. All cases were filed before the Munich District Court, known for its IP expertise and relatively swift enforcement track record. The litigation concerns Sunwoda’s prismatic batteries, notably used in Renault Group’s electric vehicle Dacia Spring.
Action 1 & 2: May 22, 2025 — Dual Injunctions Over Separator Technology
In two parallel proceedings, the court granted infringement injunctions against Sunwoda over the German parts of the European patents EP1829139 and EP2528141. Both patents belong to the same patent family and cover an organic/inorganic composite microporous membrane coated separator and its use in Li-ion batteries. The ruling imposed an immediate sales ban, along with mandatory recall and destruction of infringing products, accounting obligations, and damages in principle. In response, Sunwoda filed nullity actions at the German Federal Patent Court. Preliminary opinions from the court indicate that both patents are likely to be upheld. Final decisions are expected by mid-2026.
The EP1829139, filed in December 2005, claims an organic/inorganic composite porous separator comprising a porous polyolefin-based substrate and a mixture of inorganic particles being electrochemically stable in a battery and a binder polymer having a glass transition temperature between -200°C and 200°C in a weight ratio of 60:40 to 99:1 coated directly on a surface of the substrate and a part of the pores present in the substrate. The electrochemically stable inorganic particles in the active layer are interconnected among themselves and are fixed by the binder polymer and permit interstitial volumes to be formed among them, and the interstitial volumes among the electrochemically stable inorganic particles form a pore structure that permits lithium ions to move therethrough. This separator has enhanced thermal safety, electrochemical safety, and lithium-ion conductivity. EP2528141, filed in 2012 as a divisional application to EP1829139, claims a lithium secondary battery comprising the separator claimed in EP1829139.
Figure 2: Images of organic/inorganic separators claimed in the patents EP1829139 and EP2528141.
Action 3: July 17, 2025 — Additional Injunction on Electrode-Separator Architecture
Tulip secured a third injunction on July 17, 2025, following a hearing on July 3, 2025, this time based on the German part of the European Patent EP2378595 related to advanced electrode-separator configurations used in prismatic EV cells.
EP2378595 claims an electrode assembly comprising a positive electrode with a non-coated portion, a negative electrode with a non-coated portion and a separator. The non-coating portions are disposed in at least one of the upper and lower portions of the electrode assembly in a longitudinal direction of the electrodes. A positive electrode tab and a negative electrode tab are connected to the non-coating portions. The separator is a complex porous separator including a substrate coated with a binder polymer or an organic/inorganic mixture formed of a binder polymer and inorganic particles. This configuration facilitates tab connections and its use as a high-power battery, improves the overall efficiency and safety of the battery and addresses issues related to short circuits and overcharging.
Figure 3: Images of electrodes/separator assembly claimed in the patent EP2378595
This case resulted in another sales ban, product recall, destruction, and damages order against Sunwoda. A new nullity action was immediately initiated by Sunwoda. The German Federal Patent Court’s preliminary review again favored Tulip’s position, suggesting the patent may withstand the validity challenge.
Appeals Underway
Sunwoda has appealed to the May 22 decisions, and it is widely expected that the company will appeal the July 17 ruling as well. These appeals will proceed in parallel with the nullity proceedings, reflecting a comprehensive legal strategy to delay or overturn enforcement measures.
Outlook: More Litigation on the Horizon
The Tulip vs. Sunwoda saga is emblematic of a broader shift in the European technology landscape. As the EU continues to attract battery investment and expands local production capacity, enforcement of IP rights will likely become even more frequent. The impending rollout of the European Unitary Patent and the Unified Patent Court (UPC) is expected to further centralize and accelerate litigation across member states, offering both opportunities and risks for rights holders.
“Companies with robust patent portfolios will be increasingly incentivized to use litigation as a tool to secure licensing revenue or block competitors. The Tulip cases may therefore serve as a harbinger of a much more litigious future for Europe’s clean technological markets. In this fast-paced and competitive landscape, gaining a deep understanding of the patent ecosystem and the strategies of various industry players is becoming increasingly crucial.”, concluded Dr. Fleur Thissandier, Senior Patent and Technology Analyst at KnowMade.
To address this need, KnowMade publishes in-depth reports and provides monitoring services to track and analyze competitors’ R&D and intellectual property strategies. These insights help identify the focus areas of industry leaders, emerging players, and start-ups, offering an early perspective on their strategic direction, technological investments, and product development efforts.
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About the author
Fleur Thissandier, PhD, works at KnowMade as Senior Analyst in the field of Materials Chemistry and Energy storage. She holds a PhD in Materials Chemistry and Electrochemistry from CEA/INAC, (Grenoble, France), and a Chemistry Engineering Degree from the Superior National School of Chemistry (ENSCM Montpellier, France). Fleur previously worked in battery industry as R&D Engineer.
About KnowMade
KnowMade is a technology intelligence and IP strategy consulting company specialized in analyzing patents and scientific publications. The company helps innovative companies, investors, and R&D organizations to understand the competitive landscape, follow technological evolutions, reduce uncertainties, and identify opportunities and risks in terms of technology and intellectual property.
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