JinkoSolar: USITC Decides Against Hanwha

USITC Terminates Investigation Into Patent Infringement Case Filed By Hanwha Q Cells; JinkoSolar Holding Claims Victory
04:14 AM (Beijing Time) - 05. June 2020
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Just before the company releases its Q1/2020 financials, JinkoSolar has claimed a win in the patent infringement case filed by Hanwha Q Cells with the USITC. (Photo Credit: TaiyangNews)

Key Takeaways

  • JinkoSolar says the USITC investigation has decided against Hanwha Q Cells in the patent infringement case filed by the latter
  • It has claimed a win in the case saying the USITC ruling shows its products do not infringe any patent of Hanwha
  • JinkoSolar says the ALJ’s decision confirms Hanwha should never have brought the case in the first place

The US International Trade Commission (USITC) has decided that the solar products of JinkoSolar Holding Co., Ltd. do not infringe a patent asserted by South Korea’s Hanwha Q Cells. This is what JinkoSolar has announced is the decision of the commission in its final determination in the case.

In its final ruling the USITC Secretary to the Commission Lisa R. Barton said, “The investigation is terminated with a finding of no violation of section 337.”

“We welcome this final decision from the ITC, confirming what we have known all along: our products do not infringe Hanwha’s patent,” said JinkoSolar CEO Kangping Chen. “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. The ALJ’s decision confirms that Hanwha should never have brought this case in the first place. JinkoSolar is a true innovator, and this outcome validates our technology. Our top priority is to provide our customers around the world with the industry-leading, sustainable, high-quality, high-performance solar modules they have come to expect from us.”

This is good news for JinkoSolar just before the Chinese module maker releases its Q1/2020 financial report on June 15, 2020.

Background

The petition filed by Hanwha in March 2019 against JinkoSolar, LONGi Solar and REC Group claimed patent infringement for its passivation technology by the trio under US Patent No. 9,893,215. This prompted USITC to initiate an investigation in the matter.

In April 2020, JinkoSolar said the Administrative Law Judge (ALJ) at the commission ruled that its products do not infringe the said patent and that the final decision by the commission will be taken in 30 days after reviewing the ALJ ruling (see Good News For JinkoSolar In Hanwha Patent Case).

The REC Group in May 2020 dragged Hanwha Q Cells (Qidong) in China to a Chinese court accusing it of patent infringement for split cell and junction box technology.

Anu Bhambhani

Anu Bhambhani is the Senior News Editor of TaiyangNews

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Anu Bhambhani