Hanwha Q Cells announces another favorable ruling in patent dispute with Longi in the Netherlands
From pv magazine Germany
South Korea-based photovoltaic manufacturer Hanwha Q Cell has revealed that the Dutch Court of Appeal in The Hague has issued a ruling confirming the cross-border injunction against the Dutch subsidiary of Chinese module manufacturer Longi — Longi (Netherlands) Trading B.V. — which was decided by the District Court of Rotterdam on March 15, 2022.
The injunction provided that Longi Solar’s Dutch subsidiary may not encourage customers to infringe the EP ‘689 patent in countries where Hanwha Solutions Corporation is the registered owner. Longi Netherlands is not allowed to offer for sale, sell or distribute the modules related to the patent litigation in Belgium, Bulgaria, Germany, France, Hungary, Liechtenstein, Austria, Portugal, Spain, the United Kingdom and Switzerland.
Hanwha Q-Cells had sued Longi and other manufacturers for patent infringement of its solar cell passivation technology. The new ruling follows Longi’s appeal against Hanwha Q-Cells’ first favorable ruling in November 2021.
“Longi NL sought to establish, through execution proceedings, that its recall obligations are only applicable to products held in stock for future sales,” Hanwha Q Cells said in a statement. “The Preliminary Relief Judge of the Rotterdam District Court and The Hague Court of Appeal disagreed and ruled that the recall measure also applies to all products that infringe EP ’689 and that are professionally used by Longi NL’s customers. The infringing products are Longi solar modules of the Hi-M03, Hi-M03m, Hi-M04, Hi M04m, Hi-M05, and Hi-M05m types (except for products referred to by HIH, HIB, and HIBD).”
According to Hanwha Q-Cells, it is clear after the most recent decision that Longi NL must extend the recall campaign to all of its customers, such as PV product distributors, installers, project developers and plant operators, that purchased or use corresponding modules covered by the patent dispute. “Longi NL’s customers may return the infringing products at Longi NL’s expenses for an immediate refund of the purchase price,” the Korean manufacturer stated, noting that, if necessary, further legal action would be taken.
A pv magazine request for comment from Longi about the ruling has so far remained unanswered.
The patent dispute between the photovoltaic manufacturers dates back to spring 2019. In March 2019, Hanwha Q-Cells filed a patent infringement lawsuit in both Germany and the United States, and shortly afterward in Australia, against Longi, REC and a third defendent, JinkoSolar. According to the company, its three competitors illegally used its patented technology in their products. In June 2020, the Regional Court of Düsseldorf in Germany ruled in favor of Hanwha Q-Cells in the first instance. REC and Longi Solar appealed against the decision, whereupon Hanwha Q-Cells initiated the preliminary enforcement of the decision. In Hanwha Q-Cells’ view, Longi Solar and REC did not take sufficient measures to comply with the court-ordered recall obligation.
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[…] March 2019, Hanwha Q Cells filed patent infringement complaints in Germany against Jinko Solar and REC Group, and followed this with a similar lawsuit against […]
[…] The brand-new judgment verifies the cross-border injunction versus the Dutch subsidiary of Chinese producer Longi. The patent conflict in between the photovoltaic makers go back to spring2019 June 9, 2022 Sandra Enkhardt From pv publication Germany South Korea-based photovoltaic maker Hanwha Q Cell has actually exposed that the Dutch Court of Appeal in The Hague has actually released a judgment validating the cross-border injunction versus the Dutch subsidiary of Chinese module producer Longi– Longi (Netherlands) Trading B.V.– which was chosen by the District Court of Rotterdam on March 15,2022 The injunction offered that Longi Solar’s Dutch subsidiary might not motivate clients to infringe the EP ‘689 patent in nations where Hanwha Solutions Corporation is the signed up owner. Longi Netherlands is not permitted to sell, sell or disperse the modules associated with the patent lawsuits in Belgium, Bulgaria, Germany, France, Hungary, Liechtenstein, Austria, Portugal, Spain, the United Kingdom and Switzerland. Hanwha Q-Cells had actually taken legal action against Longi and other makers for patent violation of its solar battery passivation innovation. The brand-new judgment follows Longi’s appeal versus Hanwha Q-Cells’ very first beneficial judgment in November2021 “Longi NL looked for to develop, through execution procedures, that its recall commitments are just appropriate to items kept in stock for future sales,” Hanwha Q Cells stated in a declaration. “The Preliminary Relief Judge of the Rotterdam District Court and The Hague Court of Appeal disagreed and ruled that the recall step likewise uses to all items that infringe EP ‘689 which are expertly utilized by Longi NL’s clients. The infringing items are Longi solar modules of the Hi-M03, Hi-M03 m, Hi-M04, Hi M04 m, Hi-M05, and Hi-M05 m types (other than for items described by HIH, HIB, and HIBD).” According to Hanwha Q-Cells, it is clear after the most current choice that Longi NL should extend the recall project to all of its clients, such as PV item suppliers, installers, job designers and plant operators, that bought or utilize matching modules covered by the patent disagreement. “Longi NL’s consumers might return the infringing items at Longi NL’s expenditures for an instant refund of the purchase cost,” the Korean producer specified, keeping in mind that, if needed, more legal action would be taken. A pv publication ask for remark from Longi about the judgment has up until now stayed unanswered. The patent disagreement in between the photovoltaic makers go back to spring2019 In March 2019, Hanwha Q-Cells submitted a patent violation claim in both Germany and the United States, and quickly later in Australia, versus Longi, REC and a 3rd defendent, JinkoSolar. According to the business, its 3 rivals unlawfully utilized its trademarked innovation in their items. In June 2020, the Regional Court of Düsseldorf in Germany ruled in favor of Hanwha Q-Cells in the very first circumstances. REC and Longi Solar appealed versus the choice, whereupon Hanwha Q-Cells started the initial enforcement of the choice. In Hanwha Q-Cells’ view, Longi Solar and REC did not take adequate steps to abide by the court-ordered recall responsibility. This material is safeguarded by copyright and might not be recycled. If you wish to comply with us and wish to recycle a few of our material, please contact: [email protected]. source […]
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