Longi to use French patent success against Q-Cells in Netherlands
From pv magazine Germany
The patent dispute between module manufacturer Hanwha Q-Cells and its various competitors has been waged on several continents since 2019. The South Korean manufacturer has filed lawsuits against Longi, JinkoSolar and REC in Germany, the United States and Australia.
In the United States, the court case is already much more advanced than the one in Germany. Longi said on Thursday that the US Court of Appeals for the Federal Circuit recently issued a ruling invalidating Hanwha Q-Cells’ US patent US9893215B2.
According to Longi, the judges have upheld a previous decision of the US Patent and Trademark Office (USPTO) and have declared the patent invalid. The Chinese PV manufacturer has thus won the legal dispute in the US International Trade Commission (ITC), as well as patent nullity proceedings against Hanwha Q-Cells in the United States.
In Europe, meanwhile, an appeal hearing is still pending in Germany. There are also ongoing proceedings in the Netherlands and France.
Hanwha Q-Cells won in the first instance before a district court in the Netherlands. The judges ruled that the competitors should no longer sell their solar modules based on patented passivation technology. A few months later, the court also ruled that they should recall PV modules that have already been installed.
Dutch dispute
Longi responded to the latest ruling by saying that a favorable decision by a French court on the matter could also reverse the outcome of the legal dispute in the Netherlands.
The Chinese manufacturer told pv magazine that on June 7, a French court ruled that Hanwha’s seizures in France in 2021 were illegal and thus invalid. More specifically, Longi said the court ruled that Hanwha had acted in a disloyal manner by withholding crucial information from the French court. That withheld information included an October 2020 opinion issued by the Opposition Division of the European Patent Office (EPO) in favor of the invalidity of its patent.
Longi said the decision of the French court was influenced by the fact that it had been purposely misled by Hanwha. It said the South Korean side wanted to obtain highly confidential, sensitive information from its competitor.
“As a result, the documents as obtained in these French seizures are being recalled and they will be rendered unusable unless the French judgment is appealed and reversed. For the time being, the aforementioned judgement is immediately enforceable,” the company said. “The decision will directly impact the French proceedings, but Longi will also consider its legal options in other related legal proceedings where these documents have been actively used by Hanwha. Since a significant portion of Hanwha’s evidence in the Dutch proceedings were obtained during the French seizures or were only obtained because of the illegally seized documents and information, Longi strongly believes that these developments demonstrate once again that the Dutch court was wrong to decide prematurely in summary proceedings.”
Longi said that its customers were not affected by the Dutch decisions.
“All in all, there hasn’t been any finalized infringement decision against Longi in any jurisdiction with regards to the disputes between Hanwha and Longi,” the manufacturer said.
The patent dispute dates back to spring 2019. In March 2019, Hanwha Q-Cells filed a patent infringement lawsuit in Germany and the United States, and shortly afterward in Australia, against Longi, REC and a third defendant, JinkoSolar. It said its three competitors illegally used its patented technology in their products.
In June 2020, a regional court in Düsseldorf ruled in favor of Hanwha Q-Cells in the first instance. REC and Longi Solar appealed the decision, while Hanwha Q-Cells initiated the preliminary enforcement of it. 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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[…] The patent lawsuits disagreement in between Hanwha Q Cells and Longi is warming up in Europe. June 17, 2022 Sandra Enkhardt From pv publication Germany The patent disagreement in between module producer Hanwha Q-Cells and its numerous rivals has actually been waged on numerous continents given that2019 The South Korean maker has actually submitted suits versus Longi, JinkoSolar and REC in Germany, the United States and Australia. In the United States, the lawsuit is currently a lot more sophisticated than the one in Germany. Longi stated on Thursday that the United States Court of Appeals for the Federal Circuit just recently released a judgment revoking Hanwha Q-Cells’ United States patent United States9893215 B2. According to Longi, the judges have actually promoted a previous choice of the United States Patent and Trademark Office (USPTO) and have actually stated the patent void. The Chinese PV producer has actually hence won the legal disagreement in the United States International Trade Commission (ITC), in addition to patent nullity procedures versus Hanwha Q-Cells in the United States. In Europe, on the other hand, an appeal hearing is still pending in Germany. There are likewise continuous procedures in the Netherlands and France. Hanwha Q-Cells won in the very first circumstances prior to a district court in the Netherlands. The judges ruled that the rivals must no longer offer their solar modules based upon trademarked passivation innovation. A couple of months later on, the court likewise ruled that they must remember PV modules that have actually currently been set up. Dutch disagreement Longi reacted to the current judgment by stating that a beneficial choice by a French court on the matter might likewise reverse the result of the legal disagreement in the Netherlands. The Chinese maker informed pv publication that on June 7, a French court ruled that Hanwha’s seizures in France in 2021 were prohibited and hence void. More particularly, Longi stated the court ruled that Hanwha had actually acted in a disloyal way by keeping essential details from the French court. That kept info consisted of an October 2020 viewpoint released by the Opposition Division of the European Patent Office (EPO) in favor of the invalidity of its patent. Longi stated the choice of the French court was affected by the reality that it had actually been intentionally misguided by Hanwha. It stated the South Korean side wished to acquire extremely private, delicate info from its rival. “As an outcome, the files as gotten in these French seizures are being remembered and they will be rendered unusable unless the French judgment is appealed and reversed. For the time being, the abovementioned judgement is instantly enforceable,” the business stated. “The choice will straight affect the French procedures, however Longi will likewise consider its legal choices in other associated legal procedures where these files have actually been actively utilized by Hanwha. Considering that a considerable part of Hanwha’s proof in the Dutch procedures were gotten throughout the French seizures or were just acquired since of the unlawfully taken files and info, Longi highly thinks that these advancements show as soon as again that the Dutch court was incorrect to choose too soon in summary procedures.” Longi stated that its clients were not impacted by the Dutch choices. “All in all, there hasn’t been any completed violation choice versus Longi in any jurisdiction with concerns to the conflicts in between Hanwha and Longi,” the producer stated. The patent disagreement goes back to spring2019 In March 2019, Hanwha Q-Cells submitted a patent violation claim in Germany and the United States, and quickly later in Australia, versus Longi, REC and a 3rd offender, JinkoSolar. It stated its 3 rivals unlawfully utilized its trademarked innovation in their items. In June 2020, a local court in Düsseldorf ruled in favor of Hanwha Q-Cells in the very first circumstances. REC and Longi Solar appealed the choice, while Hanwha Q-Cells started the initial enforcement of it. In Hanwha Q-Cells’ view, Longi Solar and REC did not take enough steps to adhere to the court-ordered recall responsibility. This material is secured 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 […]