UPDATED – Aiko Solar wins first legal battle in patent litigation case against Maxeon in Netherlands


The District Court of The Hague in the Netherlands has rejected a lawsuit filed by Singapore-based solar manufacturer Maxeon Solar claiming patent infringement by Chinese rival Aiko Solar.

The announcement was made by Aiko Solar. It said that the patent litigation case was related to patent EP2297788B1 for BC solar cells.

“The Dutch court decided that it was not plausible that Aiko's products would infringe Maxeon Solar's patent and therefore rejected the requested injunction,” the Chinese module maker said in a statement. “Aiko gives great importance to independent innovations and the protection of intellectual property.”

“This was just the first phase,” a spokesperson from Maxeon told pv magazine. “The recent ruling by the Dutch court was only regarding our request for a preliminary injunction. Our Defense of Innovation Continues. Maxeon thanks the Hague District Court for their time in hearing our arguments for a preliminary injunction against Aiko ABC products in the Netherlands. While Maxeon respectfully disagrees with the decision, Maxeon understands the high burden placed upon patent owners to benefit from immediate relief and looks forward to another opportunity to secure a finding of infringement.”
According to Maxeon, the decision regarding the preliminary injunction relied on Aiko’s assertions that cast doubt on whether the Aiko ABC product infringed Maxeon’s patent. “Maxeon believes this doubt is unwarranted and will be resolved as this case proceeds to its next phase,” the spokesperson added. “Maxeon firmly stands behind the strength, validity, and enforceability of its patent portfolio and in the infringement claims filed against Eironn Netherlands B.V. (Aiko Energy).”

Maxeon Solar filed the patent lawsuit against Aiko Solar and German wholesaler Memedo GmbH in November 2023.

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“The lawsuit against Aiko and Memodo is necessary to protect our intellectual property, significant R&D and other investments, as well as our reputation and deep heritage and culture of innovation,” Maxeon Solar said at the time.

The patent is related to proprietary and fundamental solar cell architectures for BC solar cells, also known as all-back contact (ABC) solar cells, or interdigitated back contact (IBC) solar cells. Maxeon Solar produces and sells modules with IBC solar cells.

In June 2023, Maxeon Solar filed a lawsuit against Tongwei for allegedly infringing on its patent for shingled hypercell technology.

*The article was updated on May 31 to add comments from Maxeon and to clarify that the case is ongoing and has not been concluded.

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