Highest Court in China Renders Final Judgement to Maintain Asahi Kasei’s Patent for Bat-Tery Separators

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Highest Court in China Renders Final Judgement to Maintain Asahi Kasei’s Patent for Bat-Tery Separators

The Japanese technology company Asahi Kasei has been successful in winning various litigation disputes relating to patents for lithium-ion battery separators. On November 2, 2022, The Supreme People’s Court of the People’s Republic of China rendered the final judgement to maintain Asahi Kasei’s patent for battery separators in China.

The recent judgement was preceded by four years of litigation disputes related to patents for lithium-ion battery separators in Asia. In August 2018, Asahi Kasei filed a patent infringement lawsuit with Shenzhen Intermediate People’s Court against Shenzhen Xu Ran Electronic Co., Ltd. and Shenzhen Xu Ran Electronic Co., Ltd. in Shenzhen, China, as joint defendants, based on the patent owned by Asahi Kasei, aiming at 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.

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In response to the court’s decision, Shenzhen Xu Ran Electronic Co., Ltd. requested the invalidation of Asahi Kasei’s patent. The China National Intellectual Property Administration made a decision to maintain the patent, and in response, the other party filed an appeal with the Beijing Intellectual Property Court of the People’s Republic of China. However, a judgement to maintain the Patent was rendered on September 28, 2021.

The other party further filed an appeal with the Supreme People’s Court of the People’s Republic of China, however, this time the final judgment was rendered as above. Asahi Kasei will pay close attention to issues concerning intellectual property rights, and if deemed necessary, take specific measures proactively against any infringement.

For more information, visit www.asahi-kasei.com

 

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