U.S. International Trade Commission ALJ Finds No Infringement of Hanwha Q CELLS Patent
U.S Patent and Trademark Appeal Board Institutes Inter Partes Review of the Patentability of Hanwha Q CELLS Patent
PVTIME - JinkoSolar Holding Co., Ltd. (NYSE: JKS)
("JinkoSolar"), one of the largest and most innovative solar module
manufacturers in the world, today announced two separate, significant
developments in its defense against patent litigation initiated by Hanwha Q
CELLS ("Hanwha"). In March 2019,
Hanwha initiated the U.S. International Trade Commission Investigation No.
337-TA-1151 (the "1151 Investigation") against JinkoSolar, LONGi
Solar, and REC Group, asserting that the companies infringe U.S. Patent No.
9,893,215 ("the '215 patent").
On April 10, 2020, the
Administrative Law Judge ("ALJ") in the 1151 Investigation ruled that
JinkoSolar's products do not infringe the '215 patent. ALJ MaryJoan
McNamara issued an initial determination granting JinkoSolar's motion for
summary determination of non-infringement. The Commission will now review the
ALJ's ruling and issue its opinion on that ruling within 30 days.
Separately, on December 10, 2019,
the U.S. Patent and Trademark Appeal Board (PTAB) instituted inter partes
review (IPR) proceedings of the patentability of claims 12-14 of the '215
patent claims in view of prior art. IPR is a trial proceeding conducted at the
PTAB to review the patentability of one or more claims in a patent. The
PTAB's institution decision states that JinkoSolar and REC Group have
"established a reasonable likelihood of prevailing in showing that claims
12-14 of the '215 patent are unpatentable." Based on the schedule provided
by the PTAB, JinkoSolar anticipates a final written decision on the issue of
patentability by December 2020.
"These independent
determinations by two separate bodies confirm what we have said from the start
of this litigation: Hanwha's lawsuit, based on a single patent, was without
legal or technical merit, and was brought only to slow down our momentum,"
said Kangping Chen, CEO of JinkoSolar. "JinkoSolar
strongly supports fair competition in the marketplace, and respects the valid
intellectual property of all participants in our field. We look forward to
continuing to serve our global customers with
innovative, industry-leading solar modules, and extending our marketplace
momentum."
