JinkoSolar has released a statement on the news that Hanwha Q CELLS is suing Jinko, along with LONGi Solar and REC Group, for patent infringement of Hanwha Q CELLS’s passivation technology.
“Based on JinkoSolar’s preliminary analysis of Hanwha’s complaints and the asserted patents, the company believes that the complaints are without technical or legal merit. JinkoSolar, therefore, categorically refutes Hanwha’s allegations,” JinkoSolar said in a press release. The company also said it is considering all legal avenues, including petitioning for the invalidity of Hanwha Q CELLS’s “alleged patents.”
“JinkoSolar fully respects intellectual property rights and encourages healthy competition, but it will take legal action to defend itself, its clients and its partners,” the company said.
JinkoSolar just last week officially opened its new 400-MW solar module assembly plant in Jacksonville, Florida. Hanwha Q CELLS announced the next day that its 1,700-MW solar panel plant was open in Dalton, Georgia, and had been making product for at least a month.
Hanwha Q CELLS, a Korean company, and JinkoSolar, headquartered in China, have become increased competitors in the U.S. and German solar markets. Hanwha Q CELLS filed the patent infringement lawsuits only in U.S. and German courts.
March 8, 2019 update
“The patent claims asserted by Hanwha Q CELLS are not restricted to any particular method of manufacture, such as atomic layer deposition (ALD) or plasma-enhanced chemical vapor deposition (PECVD). The infringement claims relating to the ‘215 patent are directed to solar cell structure with a first dielectric layer including aluminum oxide and a second dielectric layer that contains hydrogen. The patented technology can be applied in many ways. A solar cell employing what is known as Passivated Emitter Rear Cell (PERC) technology is only one type of solar cell that may use technology covered by the ‘215 patent.
While Hanwha Q CELLS believes it is important to clarify these factual issues, it does not intend to litigate this dispute in the media or to comment further on the substantive legal issues in the case. We look forward to proving our claims in court.”