[Berlin, Germany, 19 October, 2020] Hanwha Q CELLS GmbH (“Qcells”), a globally renowned solar technology leader and total energy solutions provider, has announced that it has taken appropriate legal measures against Jinko following its presumed violation of the injunction ordered by the Regional Court Düsseldorf against Jinko’s solar products in Germany that have infringed the EP ‘689 patent. Although the injunction is not yet final, it is provisionally enforceable after the deposit of a security.
Qcells has filed a request to fix an administrative fine on September 28, 2020 in response to Jinko’s presumed failure to comply with the terms of the Court injunction dated June 16, 2020, which encompasses prohibitions on the manufacture, sale, import and distribution of the products infringing on Qcells’ EP ‘689 patent.
The Regional Court of Düsseldorf ruled on June 16, 2020 that certain modules from Jinko use the technology covered by the EP’689 patent, thus infringing Qcells’ patent. This patent protects a unique passivation technology applied in Q.ANTUM – an innovative technology developed by Qcells that significantly increases the efficiency of solar cells.
Pursuant to the Court’s ruling, Qcells is granted the right to enforce an injunction against Jinko, including imposing prohibitions on the import and sale of infringing products. In addition, Jinko was ordered to recall the infringing products distributed since January 30, 2019 from the distribution channels, and to destroy infringing products in their possession. Jinko has appealed against the judgment of the Düsseldorf Regional Court to the Düsseldorf Higher Regional Court. The hearing in the appeal proceedings is expected to take place in April 2021.
Furthermore, Qcells will file a claim for damages against Jinko and will expand patent litigation in other European jurisdictions, including France and Spain, as soon as practically possible. There also remains a possibility that we may add other manufacturers as defendants, in addition to Jinko. Qcells’ decision to enforce the Court’s ruling has been based on the company’s strategic judgment and assessment. Qcells will not tolerate any activities that infringe the company’s intellectual property. Accordingly, Qcells remains fully determined to protect its patent rights.
“Protection of intellectual property rights and strict compliance with IP laws are more important than ever for our fast-evolving solar industry,” asserted Qcells CTO Dr. Daniel Jeong. “Jinko’s presumed non-compliance with the Court judgment leaves Qcells with no option but to take further action against Jinko that apparently does not respects the value of intellectual property rights. “We must uphold fair competition throughout the industry, as it is a prerequisite to ensure that next generation of technological innovations continues to stem from genuine, long-term R&D efforts. Qcells is taking this action against Jinko in order to vigorously protect our intellectual property, and exercise the legal rights that were granted by the Regional Court of Düsseldorf.”
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.
This press release contains forward-looking statements. These forward-looking statements can be identified by terminology such as "will," "expects," "anticipates," "future," "intends," "plans," "believes," "estimates" and similar statements. Among other things, the quotations from management in this press release and Qcells’ operations and business outlook, contain forward-looking statements. Such statements involve certain risks and uncertainties that could cause actual results to differ materially from those expressed in or suggested by the forward-looking statements. Except as required by law, Qcells does not undertake any obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
Contact: Hanwha Q CELLS GmbH
Corporate Communications: Jochen Endle, Ian Clover
Tel: +49 (0)3494 6699 10121