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欣旺达在韩遇专利诉讼 中企出海如何防范“专利狙击”?
Zhong Guo Jing Ying Bao· 2026-02-06 06:33
Core Viewpoint - The recent patent infringement lawsuit against XINWANDA by the Tulip Innovation patent alliance, formed by LG Energy and Panasonic, highlights the increasing focus on overseas patent infringement issues faced by Chinese companies, particularly in the battery sector [1][2]. Group 1: Patent Infringement Lawsuit - The Tulip Innovation patent alliance initiated a lawsuit against XINWANDA on January 26, 2026, in South Korea, following three previous losses and sales bans in Germany in 2025 for similar patent infringements [1][2]. - The lawsuit targets XINWANDA's joint venture with Geely, specifically the battery supply for the Dacia Spring model, which ranks third in European electric vehicle sales [3]. - The lawsuit is part of a broader strategy by Japanese and Korean companies to leverage their patent portfolios as a competitive advantage against Chinese firms [6][7]. Group 2: Patent Pool and Strategy - The Tulip Innovation patent pool consolidates 1,500 patent families, encompassing over 5,000 patents, and aims to maximize compensation by initiating lawsuits before patents expire between 2025 and 2030 [2][6]. - The strategy of "patent pool + regional linkage" is becoming a significant method for multinational giants to curb emerging competitors from entering overseas markets [7]. - The global battery market is projected to generate over $5 billion annually in patent licensing revenue, indicating the financial stakes involved in patent litigation [7]. Group 3: Responses from Chinese Companies - Chinese lithium battery companies are adopting varied strategies in response to the lawsuits, with some like XINWANDA choosing to actively contest the claims, while others opt for settlements to mitigate short-term risks [8]. - Legal experts emphasize the importance of conducting Freedom to Operate (FTO) due diligence before entering overseas markets to identify potential patent infringement risks [4][5]. - There is a call for Chinese companies to shift from a capacity-driven approach to a technology-driven strategy, focusing on R&D investment and patent portfolio development to enhance their global competitiveness [9].