[Berlin, Germany, November 16, 2020] Hanwha Qcells (“Qcells”), a globally renowned solar technology leader and total energy solutions provider, was once again recognized for its technology, receiving a patent validity judgment in the “patent invalidation trial” for Qcells cell technology filed in China by the Chinese solar manufacturer LONGi Solar. An appeal against the judgments can be lodged within the statutory period for appeal.
LONGi Solar filed two invalidity proceedings against Qcells in July and August of 2019 in China’s Reexamination and Invalidation Department of the Patent Office, CNIPA, alleging that the company’s patents regarding high-efficiency silicon solar cells were invalid. The Patent Office early in November this year ruled in favor of Qcells by upholding the validity of its patents. The Patent Office’s determination reaffirmed that Qcells’ intellectual property rights can be protected in China , a market where most of global PERC cell are produced currently.
Based on the European equivalent of one of the two patents recently upheld by China’s Patent Office (‘971, equivalent European patent EP 2 220 689), Qcells has filed a litigation against three companies – JinkoSolar GmbH (“JinkoSolar“), REC Solar EMEA GmbH (“REC”), and LONGi Solar Technologie GmbH (“LONGi Solar”) – in Germany for PERC patent infringements.
The Regional Court of Düsseldorf, Germany in June decided that JinkoSolar, REC and LONGi Solar infringed Qcells’ patent. Appeal proceedings and parallel invalidation proceedings are pending. The first instance judgement is provisionally enforceable against provision of a security. Qcells provided that security and decided to enforce the judgment. Following the court ruling, sales of the infringing products in Germany and imports have been prohibited, and recall and destruction obligations have been imposed against the affected products distributed after January 30, 2019.
“This win is a truly valuable achievement given that Qcells' exclusive technology has been recognized not only in the solar power sales markets but also in the production markets,” said Dr. Daniel Jeong, Chief Technology Officer at Qcells. “Qcells will continue to do its best to protect our intellectual property and continue to drive innovation while promoting sound competition for the solar industry.”
About Qcells
Qcells is a renowned total energy solutions provider in solar cell and module, energy storage, downstream project business and energy retail. It is headquartered in Seoul, South Korea (Global Executive HQ) and Thalheim, Germany (Technology & Innovation HQ) with its diverse international manufacturing facilities in the U.S., Malaysia, China, and South Korea. Through its growing global business network spanning Europe, North America, Asia, South America, Africa and the Middle East, Qcells provides excellent services and long-term partnerships to its customers in the utility, commercial, governmental and residential markets. For more information, visit: www.q-cells.com.
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i One of the technologies that received a patent validity is the front and rear membranes that can increase the efficiency of solar cells. The other technology that received validity is the same technology that Qcells filed a lawsuit against JinkoSolar, LONGi Solar, and REC in Germany, the United States and Australia. This technology increases cell efficiency by stably forming a film composed of a layer of aluminum oxide and a layer of other components including hydrogen on a 180 to 200 micrometers thick solar cell.