ITC rejects Hanwha’s patent claims but further litigation looms
Two leading solar panel manufacturers are claiming victory over South Korean conglomerate Hanwha in a patent dispute at the US International Trade Commission (ITC).
Norway-based REC Group and China’s JinkoSolar have both announced that the ITC has issued a formal determination finding non-infringement of a Hanwha Q-Cells patent.
Hanwha filed the complaint against REC, JinkoSolar, and another Chinese firm Longi Solar, in March 2019, accusing them of copying a method for manufacturing solar cells.
The ITC’s final determination finalises the initial findings of one of its administrative law judges (ALJ), published in April.
"From the start, we have believed that the case brought by Hanwha was legally and technically meritless and a transparent attempt to disrupt innovation and slow our momentum,” said Kangping Chen, CEO of JinkoSolar
“Hanwha should never have brought this case in the first place,” the JinkoSolar chief added.
That language was echoed by REC CEO Steve O’Neil, who said: "Since the ITC investigation began, we have believed that Hanwha Q-Cells' accusations against us were without technical and legal merits. We are pleased to be vindicated by the ALJ's decision on summary determination earlier this year and the ITC's affirmation of that decision now."
REC last month filed its own patent infringement claims against Hanwha in China, relating to a patent covering a solar panel technology known as half-cut cells, which feature in REC’s latest product line.
“REC’s R&D resources, time and investments have significantly contributed to set new industry standards,” said the company’s chief technology officer, Shankar Sridhara. “REC filed this action to protect its IP, investments and reputation, as well as to encourage more innovation in the industry,” he added.
Hanwha, meanwhile, has “categorically” rejected the infringement allegations. A company statement said that the claims were without merit, and that there were “doubts about the validity of the patent on thuis technology”.
“We are considering all legal avenues, including petitioning for the invalidity of REC’s alleged patent,” the statement added.
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