Jinko asserts United States profession compensation has actually rejected Hanwha patent violation claim

Jun 4, 2020 04:35 PM ET
  • The Chinese manufacturer this morning claimed the International Profession Payment had actually agreed with the initial resolution released by an administrative regulation judge in April, that Jinko as well as peers Longi Solar and also REC Group had not infringed Hanwha's solar battery passivation innovation.
Jinko asserts United States profession compensation has actually rejected Hanwha patent violation claim
Image: qimono/Pixabay

Chinese solar manufacturer JinkoSolar has actually revealed the U.S. International Profession Commission (ITC) the other day validated its innovation does not infringe a patent asserted by Korean rival Hanwha Q Cells.

The company stated the ITC had actually issued a last resolution which verified the first choice made by management regulation judge (ALJ) MaryJoan McNamara in case in April.

In a declaration provided by Jinko, CEO Kangping Chen stated: "We invite this final decision from the ITC, confirming what we have recognized the whole time: our products do not infringe Hanwha's patent. From the start, we have actually believed that the instance brought by Hanwha was legally and practically meritless and a transparent effort to disrupt technology as well as reduce our momentum. The ALJ's choice confirms that Hanwha needs to never ever have brought this situation to begin with. JinkoSolar is a true pioneer, and this result validates our modern technology."

A Hanwha spokesperson told pv magazine in reaction: "Hanwha Q Cells values the choice made by the USA International Profession Payment on June 3, 2020. However, it is regrettable that the payment has not taken our insurance claim right into proper consideration. As an industry-leading solar company, Hanwha Q Cells has actually been highly sustaining fair competitors and promoting copyright legal rights in the industry."

Referring to the last three figures of U.S. patent number 9,893,215, the Hanwha agent included: "It is our maintained setting that Hanwha Q Cells' '215' patent has actually been infringed. To that effect, we will seek all possible lawful opportunities to secure the firm's valuable copyright civil liberties."

Case history

In March last year, Hanwha submitted patent violation legal actions in Germany as well as the UNITED STATE, claiming competitors had actually used its solar cell passivation technology to improve their own products. The U.S. situation, which was established yesterday, according to Jinko, cited the Chinese company in addition to rival Longi Solar as well as state-owned component supplier REC Team. Jinko and also REC Team were the offenders in the German instance.

Hanwha also opened proceedings, based upon the exact same case, in Australia versus Jinko as well as Longi, later on broadening that match to Sol Distribution and also renewables programmer Baywa re on the basis the last two services had actually distributed items which featured the supposed license violation.

In June last year, Jinko and also REC Team lodged insurance claims challenging Hanwha's assertion of a patent on the innovation at the heart of the dispute, with Jinko asserting 2 months ago that the UNITED STATE Patent Trial as well as Appeal Board had opened an examination in December.

When the administrative regulation judge sided with Jinko in the U.S. situation in April, Hanwha introduced its intent to appeal.

Last month, Norway-based REC Team, which is possessed by the Chinese state, verified it had actually submitted a patent lawsuit of its own in China versus Hanwha, asserting the Korean business had infringed rights related to REC's split-cell as well as junction box innovation. REC Team said the instance had been approved by the Suzhou IP Tribunal on April 8 and also served on Hanwha Q Cells (Qidong) on April 20.

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