Hanwha Q CELLS files patent infringement complaint with the Federal Court of Australia against REC Group and two distributors, Sol Distribution, and BayWa r.e. Solar Systems

News            March 27,2019

Hanwha Q CELLS Australia Pty. Ltd., together with Hanwha Q CELLS & Advanced Materials Corp. (collectively, “Hanwha Q CELLS”), today announced it has filed a patent infringement complaint with the Federal Court of Australia against REC Solar Pte. Ltd. (“REC”), a part of the European headquartered REC Group. This follows Hanwha Q CELLS’s commencement of patent infringement proceedings in Australia against Jinko Solar Australia Holdings Co. Pty. Ltd. and LONGi Green Technology Co. Ltd. on 12 March, 2019.

Hanwha Q CELLS also announced that its complaint against REC also names Sol Distribution Pty. Ltd. and BayWa r.e. Solar Systems Pty. Ltd. for distributing REC products in Australia that has allegedly infringe Hanwha Q CELLS’s patented technology.

The Federal Court complaint alleges that REC, Sol Distribution Pty. Ltd., and BayWa r.e. Solar Systems Pty. Ltd. are importing and selling solar modules that incorporate Hanwha Q CELLS’s patented passivation technology and infringe Hanwha Q CELLS’s Australian patent rights. Hanwha Q CELLS seeks an order to stop the three companies from importing, marketing, and selling products that infringe Hanwha Q CELLS’s asserted Australian patent. Hanwha Q CELLS has made significant investments in the commercialization of the relevant technology and, as the patent owner, has the exclusive right to sell solar modules in Australia incorporating this technology.

“We do not tolerate the infringement of our intellectual property rights and we will vigorously defend our technology from being unfairly used,” said Hee Cheul (Charles) Kim, Chief Executive Officer of Hanwha Q CELLS & Advanced Materials Corp. “We commenced legal action in Australia against two distributors as we are concerned they are distributing products supplied by REC Group that incorporate our patented passivation technology.”

“Hanwha Q CELLS remains fully committed to serving the needs of the Australian market and we have no intention to cause inconvenience to customers, be they EPC contractors, distributors, or installers. We believe these legal actions will contribute to the long-term, healthy development of the solar energy industry. Protecting our property rights from companies that sell products that infringe Hanwha Q CELLS’s patent is an important part of our commitment to retain our ability to innovate next-generation solar energy technology.”

This follows an announcement on 5 March, 2019, that Hanwha Q CELLS & Advanced Materials Corp. and Hanwha Q CELLS USA Inc. filed a patent infringement complaint with the U.S. International Trade Commission (“ITC”) and Hanwha Q CELLS & Advanced Materials Corp. filed related patent infringement complaints with the U.S. District Court for the District of Delaware against JinkoSolar, LONGi Solar, and REC Group, and that Hanwha Q CELLS GmbH filed patent infringement complaints with the Regional Court of Düsseldorf against JinkoSolar GmbH and REC Solar EMEA GmbH.

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