Heraeus today announced important developments in the ongoing litigation with DuPont in Oregon. The case is one of two involving patent claims by DuPont against Heraeus' solar cell pastes. The other case is pending in Delaware.
Significantly, when faced with Heraeus' motion for early termination of the lawsuit, DuPont was forced to narrow its claim, conceding that Heraeus' commercially available products do not literally infringe DuPont's patent. DuPont's counsel stated on the record, "We do not assert literal infringement as to any of the products that are at issue in Heraeus' motion. So that theory is simply not part of the case." This means that DuPont's allegations are now limited to a much weaker theory called the doctrine of equivalents, where the accused products do not fall within the literal scope of the patent-at-issue but are alleged to be similar enough for a finding of infringement.
While litigation is a lengthy process, and the case is not likely to be resolved soon, Heraeus believes it does not infringe any valid claim of the patent at issue.
About the Heraeus Photovoltaics Business Unit
The Heraeus Photovoltaics Business Unit is an industry leading developer and manufacturer of silver metallization pastes for the photovoltaic industry. For over 40 years, Heraeus has built a reputation of innovation, extensive research and new product development in thick film technologies for some of the most prominent companies within a variety of industries. In the field of photovoltaics, the Heraeus Photovoltaics Business Unit applies this history and its innovative technology to offer metallization pastes for solar cell applications. The Heraeus SOL Series of silver pastes is specially formulated to provide higher efficiencies and wider processing windows, resulting in better yields and higher output for cell manufacturers.
Heraeus, the precious metals and technology group headquartered in Hanau, Germany, is a global, private company with more than 160 years of tradition. Our fields of competence include precious metals, materials and technologies, sensors, biomaterials and medical products, quartz glass, and specialty light sources. In the financial year 2012 Heraeus generated product revenues of EUR 4.2 billion and precious metal trading revenues of EUR 16 billion. With more than 12,200 employees in over 100 subsidiaries worldwide, Heraeus holds a leading position in its global markets.