European Patent Office upholds JA Solar complaints as valid in patent infringement lawsuit

Last week, on 2 October, the European Patent Office (EPO) confirmed the validity of a complaint filed by Chinese PV manufacturer JA Solar in relation to a TOPCon patent infringement lawsuit initiated earlier this year. Although this validation of the complaint may not directly impact the final verdict of the lawsuits, it indicates that JA Solar’s grievances are not unfounded.

JA Solar stated, “The EPO has upheld the patent based on JA Solar’s primary request, with no modifications made to the independent claims of the patent.” The company further highlighted that appeals can be pursued against this ruling.

In July, JA Solar initiated two legal actions at the German branch of the Unified Patent Court (UPC) against Astronergy, another Chinese solar manufacturer. These lawsuits pertain to patent disputes within EU member states and were confirmed by the court earlier this year.

Although JA Solar did not explicitly mention Astronergy as the defendant in both legal actions, it identified the company as a possible infringer of patent EP2787541B1, which concerns the design of tunnel oxide passivated contact (TOPCon) solar cells. The final verdict on these lawsuits is still pending.

This development comes in the wake of several legal actions within the international solar industry. During the summer, a lawsuit was launched against Maxeon for purported investor losses, while Tigo Energy initiated legal proceedings against Zhejiang Benyi for suspected copyright violations regarding its rapid shutdown technology. Recently, Runergy urged US authorities to dismiss two patent infringement claims made by Trina Solar, reflecting a growing trend among manufacturers to safeguard their intellectual property against perceived competitors.

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