Heraeus launches appeal against Taiwanese IP court decision

The long running intellectual property case between Heraeus and Giga Solar, has taken another turn, as Heraeus announced an appeal against a decision by the Taiwanese regional court. The German paste manufacturer said it disagrees with the Court’s interpretation of arguments presented, and still sees strong evidence to prove its position.

In July, the court dismissed a case filed by Heraeus in June 2015, stating that Giga Solar had not infringed on patents held by the German manufacturer. The case argued that front side silver pastes sold by Giga Solar infringed on a patent held by Heraeus.

Heraeus now states that it will exercise its right to appeal, and continue seeking to prove the infringement. The company had previously been confident of a decision in its favor, after the validity of the patent was confirmed by the Chinese Patent Reexamination Board of State Intellectual Property Office, and also by the Taiwanese court.

In 2016, the Taiwanese regional court threw out arguments from Giga Solar that questioned the validity of Heraeus’ patent, and a further anti-trust complaint from Giga Solar was also dismissed.

“Heraeus has full confidence in the strength of its intellectual property rights protecting its products,” stated President of Heraeus Photovoltaics Andreas Liebheit. “The company remains steadfast in its effort to protect its IP rights and R&D achievements.”

Heraeus holds more than 300 patents around the world for its solar pastes and glass compositions. Liebheit went on to express that decisions such as these threaten the industry’s ability to grow: “In order for solar energy to gain greater global adoption, companies need fair and proper legal protection for their significant R&D investments. We are vigilant when it comes to protecting our IP in situations like this because it has long-term benefit for the PV industry.”