Celgard Successful in UK Appeal Court, Keeping Injunction Against Senior UK Battery Separator Imports Through Trial
PR86081
CHARLOTTE, North Carolina, Oct. 14, 2020 /PRNewswire=KYODO JBN/ --
Following a September 29 appeal hearing, the UK Court of Appeal on October 9
dismissed Senior's appeal of the UK High Court's July 30 Judgement, and August
6 Order, granting an injunction through trial in the terms sought by Celgard
that blocks Senior's import of Battery Separators into the UK through trial. In
its first decision to consider the EU Trade Secrets Directive and equivalent
domestic Regulations, the UK Court of Appeal upheld the decision of the UK High
Court to grant an interim injunction under the Regulations to prevent the
import of allegedly "infringing goods" into the UK. The Court of Appeal's
dismissal of Senior's appeal supports the UK High Court's Judgement in favor of
Celgard, which not only granted the injunction against Senior, but also held
that Celgard had established an arguable case that Senior had used its trade
secrets in developing and manufacturing battery separators and that England was
the proper forum for the importation dispute.
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Celgard, LLC (Celgard), a subsidiary of Polypore International, LP (Polypore)
first obtained an ex parte interim injunction Order against Shenzhen Senior
Technology Material Co., Ltd. (Senior) on May 7. On July 30, following a full
substantive hearing, the UK High Court gave Judgement continuing the injunction
and on August 6 made a corresponding Order in the terms sought by Celgard that
blocks Senior's import of Battery Separators into the UK through trial.
Earlier, on March 2, Celgard filed a Complaint against Defendants Shenzhen
Senior Technology Material Co. Ltd. (Senior-China), Shenzhen Senior Technology
Material Co. Ltd. (US) Research Institute (Senior-California), Xiaomin (Steven)
Zhang, Sun Town Technology, Inc., Global Venture Development, LLC, and Global
Venture Development, Inc. (collectively, Global Venture) (collectively, WDNC
Defendants) in the U.S. District Court for the Western District of North
Carolina (WDNC) for trade secret misappropriation, unfair and deceptive trade
practices and unfair competition, civil conspiracy, unjust enrichment and
conversion. The WDNC Complaint alleges the WDNC Defendants, including a former
Celgard employee, Xiaomin (Steven) Zhang, now CTO of Senior-China who changed
his name to Bin Wang at the request of Senior-China, purposely and unlawfully
misappropriated Celgard's trade secrets and confidential information and
continue to do so. Several other violations of the law are also alleged. See
Additionally, on August 6, Celgard filed a Third Amended Complaint against
Defendants including Shenzhen Senior Technology Material Co. Ltd. (US) Research
Institute (Senior-California), Farasis, and others (collectively, NDCA
Defendants) for patent infringement, breach of contract and breach of implied
covenant of good faith and fair dealing in the U.S. District Court for the
Northern District of California (NDCA). The NDCA Third Amended Complaint
alleges the NDCA Defendants infringe Celgard's United States Reissued Patent
RE47,520 (the '520 patent), formerly United States Patent 6,432,586 (the '586
patent), and Celgard's United States Patent No. 6,692,867 (the '867 patent).
In September 2019, Celgard successfully settled a patent infringement lawsuit
against Targray International. See Release [https://c212.net/c/link/?t=0&l=en&o=2947925-1&h=4017988785&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D2814943-1%26h%3D3407769144%26u%3Dhttps%253A%252F%252Fwww.prnewswire.com%252Fnews-releases%252Fcelgard-successfully-sues-targray-on-infringement-of-celgards-ceramic-coated-battery-separator-patent-300914298.html%26a%3DSee%2BRelease&a=See+Release ].
Celgard also successfully settled two suits in June 2019, against MTI
Celgard intends to fully pursue its trade secret case against Senior in the UK
and in the US. The UK Court of Appeal win, the UK High Court interim
injunction, and the successful outcome of the Targray and MTI cases further
solidify the integrity of Celgard's intellectual property (IP) regarding trade
secrets and coated and uncoated separators for lithium-ion batteries. Celgard
will continue to prevent the unfair exploitation of its technology and IP to
safeguard its assets and customers.
About Celgard and Polypore
Celgard specializes in coated and uncoated dry-process microporous membranes
used as separators that are a major component of lithium-ion batteries.
Celgard's battery separator technology is important to the performance of
lithium-ion batteries for electric drive vehicles, energy storage systems and
other applications.
Celgard, LLC is a wholly-owned subsidiary of Polypore International, LP, an
Asahi Kasei Company.
Polypore is a global company with facilities in nine countries specializing in
microporous membranes used in electric and nonelectric vehicles, energy storage
systems and specialty applications. Visit www.celgard.com and www.polypore.com.
SOURCE Polypore International, LP
CONTACT: Beth Kitteringham, polycorpcom@polypore.net, (704) 587-8596,
www.polypore.com
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