SK Nexilis与Solus铜箔专利战欧美裁决相反：欧洲UPC判Solus不侵权、SK Nexilis承担110万欧元费用，美国此前判Solus赔330万美元

US and European courts have reached conflicting conclusions in a patent infringement dispute between SK Nexilis and Solus Advanced Materials over copper foil used in batteries. A US court found that Solus Advanced Materials infringed SK Nexilis’ patents, while a European court ruled that the same technology did not constitute infringement under a corresponding European patent. The companies are expected to continue their legal battle over patent interpretation.
According to industry sources on Oct. 26, the Mannheim Local Division of the Unified Patent Court (UPC) dismissed a patent infringement lawsuit filed by SK Nexilis against Volta Energy Solutions, the European subsidiary of Solus Advanced Materials, on Oct. 23, local time. The court ruled that Volta Energy Solutions’ products fell outside the scope of protection of SK Nexilis’ patent.
Copper foil is a thin sheet of copper used as the current collector for battery anodes. Thinner, stronger copper foil can improve energy density and reduce battery weight, making it a key material for electric vehicle batteries.
The dispute centers on SK Nexilis’ European patent EP3316363, which covers the same technology as one of five patents at issue in a US infringement lawsuit filed by SK Nexilis against Solus Advanced Materials.
The central issue is how to measure the peak count roughness (Rpc) of the copper foil surface. Rpc indicates the number of qualifying surface peaks within a specified length. SK Nexilis’ patent covers copper foil with an Rpc value of 10 to 100 measured over a 4-millimeter length.
SK Nexilis argued that the number of peaks measured over a 4-millimeter section should be converted to a 1-centimeter basis in accordance with industry practice. Solus Advanced Materials countered that the actual value measured over the 4-millimeter section specified in the patent should be used.
The European court accepted Solus Advanced Materials’ interpretation. It ruled that because the patent explicitly specified the measurement length and criteria, values converted according to industry practice could not be applied. Under that interpretation, the Rpc value of Solus Advanced Materials’ products fell below the patent’s minimum threshold of 10. The court therefore found no patent infringement and ordered SK Nexilis to pay 1.1 million euros in litigation costs.
The US proceedings produced the opposite result. In May, a jury at the US District Court for the Eastern District of Texas found that Solus Advanced Materials, Volta Energy Solutions and others had infringed five SK Nexilis patents related to copper foil. The jury also found willful infringement and awarded $3.3 million in damages. The US court recognized that measurements taken over the 4-millimeter length specified in the patent could be converted to the industry-standard 1-centimeter basis. However, it did not address whether the converted values should be applied in determining patent infringement.
The two companies are also engaged in a copper foil patent dispute in South Korea. Solus Advanced Materials has filed a lawsuit against SK Nexilis at the Seoul Central District Court seeking an injunction against infringement of eight patents.
“We respect the court’s decision and view the non-infringement ruling in the European case positively,” a Solus Advanced Materials official said. “We will continue stable business operations in the European market while responding diligently to ongoing related litigation.”
An official at SKC, the parent company of SK Nexilis, said, “We are disappointed that the court did not accept our arguments in certain respects. We will carefully review the ruling before deciding on our next steps, including whether to appeal.” The official added that the company would also make every effort in other ongoing patent lawsuits in Europe.