Hanwha takes on solar companies in patent suit
South Korean conglomerate Hanwha is suing Chinese solar technology companies Longi Solar and Jinko Solar for patent infringement in US federal court and at the US International Trade Commission (ITC).
Longi said there was “considerable uncertainty with regards to the validity of the patent rights” asserted by Hanwha.
In separate complaints filed with the US District Court for the District of Delaware on Tuesday, March 5, Hanwha Q Cells claimed that Longi and Jinko were importing goods which infringed its patent for solar cell manufacturing (US number 9,893,215).
The patent, which was granted in February 2018, covers “a structure of solar cells with certain efficiency advantages” versus other models.
In the district court suit, Hanwha claimed that the companies manufactured solar cells which infringed the ‘215 patent in China, and imported them to the US.
According to a statement issued yesterday, March 7, Longi has not seen any legal documents pertaining to the case and learned of the suits through media reports.
The company said that, after a “preliminary investigation” of information in the media, Hanwha was a “co-owner” of the patents in suit. The patents were “acquired through multiple transfers and transactions from other research institutes”, the statement claimed.
In the complaint, Hanwha asserted that it was the “sole owner by assignment” of the ‘215 patent in the US.
According to the US Patent and Trademark Office, the patent is also assigned to German company Solarworld Industries.
There have been several oppositions against the patent in Europe, Longi said.
Longi also disputed that it has infringed the rights outlined in the patent, claiming that the disputed patent covers a different technology than that used in its products.
In a statement issued on Wednesday, March 6, Jinko said that the complaints were were “without technical or legal merit”.
Hanwha is seeking injunctive relief preventing any infringement of its patent, as well as costs.
The South Korean company also filed an infringement suit against Norwegian contractor REC, asserting the same patent. REC said it would work closely with its legal counsel, and “take all necessary steps to rigorously defend itself, its customers and its partners”.
WIPR has contacted Hanwha for comment.
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