Profession Compensation discovers JinkoSolar did not infringe on Q CELLS's license

• Worldwide photovoltaic panel supplier JinkoSolar revealed that the Administrative Law Judge (ALJ) in the U.S. International Trade Commission examination right into whether module rivals infringed on Hanwha Q CELLS's production license located that Jinko's items do not infringe on the license.

ALJ MaryJoan McNamara provided a first resolution giving JinkoSolar's movement for recap resolution of non-infringement. The Commission will certainly currently assess the ALJ's judgment as well as provide its point of view on that particular judgment within 30 days.

Solar Energy World has actually not yet verified if fellow makers REC and also LONGi Solar are likewise consisted of in the judgment.

Q CELLS submitted the issues with the U.S. courts in March 2019, affirming that the 3 firms were unjustifiably importing as well as marketing solar cells and also components that infringe Q CELLS's trademarked passivation modern technology-- a modern technology that can be used in numerous methods however is generally utilized in PERC components. Q CELLS was asking for that the ITC concern a restricted exemption order and also stop and also desist orders, basically protecting against the various other module producers from importing item right into the United States.

" Hanwha Q CELLS spends significant resources in r & d as well as secures that financial investment with copyright," Q CELLS stated in a press statement in 2014. "Hanwha Q CELLS will certainly not endure violation of its copyright legal rights as well as highly thinks that violation by JinkoSolar, REC as well as LONGi will certainly be inevitably validated under a right analysis of the license."

The initial license declares insisted by Q CELLS pertaining to U.S. license 9893215-B2, which was first submitted by Q CELLS as well as SolarWorld in 2008 and also approved in 2014. The license is for a technique of "making a solar battery with a surface-passivating dielectric dual layer." This production approach covers a wide variety of possible items, consisting of any kind of utilizing PERC innovation.

A variety of solar installers sent declarations to the ITC in 2015 revealing issue that if Q CELLS did well in prohibiting the import of various other solar components, there would certainly be enhanced competitors and also minimal supply of photovoltaic panels, particularly because many components utilize PERC modern technology nowadays. Despite Q CELLS' brand-new 1.7-GW solar module manufacturing facility in Georgia, the business would certainly not have sufficient supply to satisfy existing U.S. utility need.

Along with the ALJ judgment, the U.S. Patent as well as Trademark Appeal Board (PTAB) set up inter partes testimonial (IPR) procedures in December 2019 of the patentability of certain cases of the '215 license. The PTAB's choice states that JinkoSolar as well as REC have actually "developed an affordable possibility of dominating in revealing that insurance claims 12-14 of the '215 license are unpatentable."

" These independent decisions by 2 different bodies validate what we have actually stated from the beginning of this lawsuits: Hanwha's suit, based upon a solitary license, lacked technological or lawful advantage, as well as was brought just to decrease our energy," claimed Kangping Chen, CEO of JinkoSolar. "JinkoSolar highly sustains reasonable competitors in the industry, as well as appreciates the legitimate copyright of all individuals in our area. We anticipate remaining to offer our international clients with cutting-edge, industry-leading solar components, and also prolonging our industry energy."

A complete written choice on the problem of patentability ought to be launched by December 2020.

Q CELLS additionally released comparable license violation issues in Germany (versus Jinko as well as REC) as well as Australia (versus Jinko and also LONGi). This U.S. choice does not influence the situations in both various other nations.