Patent litigation is a global affair. While many of us don’t pay much attention to cases involving the word “patent”—often due to the technical complexity involved—their impact can rival, if not exceed, that of major political events. The Apple vs. Samsung patent dispute in the U.S. may have seemed like a monumental showdown, but in reality, Korean companies are engaged in similarly fierce patent wars across the world—largely under the radar.
On May 22, 2025, the District Court of Munich, Germany, issued a ruling in a case between Tulip Innovation, a non-practicing entity (NPE), and China’s Sunwoda Group, regarding a sales ban on batteries. The court sided with Tulip Innovation, granting a preliminary injunction that effectively bans Sunwoda from selling certain batteries in Germany.
Tulip Innovation is not just any NPE. It was established by LG Energy Solution, headquartered in Hungary, with the strategic purpose of protecting LG’s battery patents and keeping emerging Chinese competitors in check. While “NPE” stands for “Non-Practicing Entity,” and has often been synonymous with “patent trolls”—companies that profit from litigation without producing any real product—Tulip Innovation operates on a different logic. It’s a legal arm created by a real technology developer, aimed at defending actual intellectual property from infringement. That distinction sets it apart from typical patent trolls.
Still, Sunwoda is no small player. The company ranks among the global top ten battery manufacturers. Reaching that level of prominence also means it has begun to encroach on LG’s patented technologies. Specifically, Sunwoda was found to have violated two core patents related to battery separators, leading to the sales ban. The ruling requires Sunwoda to recall and destroy any affected battery stock in the German market, and to compensate Tulip Innovation for damages.
While it may seem like the EV market is cooling off slightly, the patent war over EV technologies is only heating up. In times of explosive growth, companies often seek to leapfrog existing tech through innovation. But today, as EV technology matures and R&D budgets become harder to sustain, companies are turning to legal battles to protect their hard-earned advancements. This is particularly true in a high-stakes sector like batteries, where billions are invested and margins are razor-thin.
It’s worth noting that Korean battery makers—LG Energy Solution, SK On, and Samsung SDI—have lost the No. 1 spot in the European market to China. As of now, Chinese companies hold a 49.7% market share, while Korea’s share stands at 45.1%. When latecomers begin to dominate in market share, it's not surprising that frontrunners with technological superiority would turn to patent litigation as a form of defense.
But there’s another layer to this story. Behind Sunwoda, we occasionally find SK’s name surfacing. This raises a curious possibility: Could the underlying battle in this patent war be not just between Korea and China, but also between SK and LG—two Korean giants with a contentious history? It’s worth watching how the hidden chessboard of alliances and rivalries plays out in future litigation.
Source: Author’s analysis, industry legal updates (2025.05.22 ruling, Munich District Court)
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