Continuing the TOPCon patent battle, JinkoSolar has now filed a patent infringement claim in the U.S. District Court for the Northern District of California against VSUN and Toyo. The claims are against two TOPCon patents held by Jinko (U.S. Patent Nos. 11,581,454 and 11,824,136). Both patents for “Solar cell, manufacturing method thereof, and photovoltaic module” were granted in 2023.
“JinkoSolar has earned its leadership position in the global solar module market through significant R&D investments and will vigorously defend its intellectual property against those who sell infringing products,” said Louise Lu, a patent litigation lawyer with the Perkins Coie law firm.
JinkoSolar has been awarded over 2,800 issued patents, with a proprietary portfolio that includes 462 patents related to n-type TOPCon technology, the company claims. In addition to manufacturing sites across Asia, Jinko also operates a panel assembly facility in Florida.
Toyo, the Japanese affiliated company of Vietnam Sunergy (VSUN), announced recently its plans to start solar panel manufacturing in Houston, Texas.
In the infringement filing, Jinko says it has “suffered and continues to suffer actual and consequential damages. However, Jinko does not yet know the full extent of the infringement and the amount of damages cannot be ascertained except through discovery and special accounting.” Jinko is asking for an injunction preventing Toyo/VSUN infringing products from being sold.
This is the latest in a number of TOPCon patent infringement claims in the United States and Europe. Trina Solar has filed claims against Runergy, Adani and Canadian Solar. Maxeon has filed against Canadian Solar, REC and Qcells. First Solar, a thin-film manufacturer, also holds silicon TOPCon patents and is reviewing its options but has yet to file against any company.
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