Maxeon and Tongwei Respective Announcements on Patent Infringement Issue

PVTIME – Maxeon Solar Technologies, Ltd. (NASDAQ: MAXN), a global leader in solar innovation and distribution and a holding company of TCL Zhonghuan, announced on 14 June 2023 that its subsidiary, Maxeon Solar Pte. Ltd. filed a patent infringement lawsuit against Tongwei Solar (Hefei) Co., Ltd. and its subsidiary Tongwei Solar GmbH in the District Court of Düsseldorf, Germany.

The lawsuit alleges that Tongwei is infringing Maxeon’s European Patent No. EP3522045 B1 (“Shingled Solar Cell Module”) for Maxeon’s proprietary and fundamental shingled solar cell panel technology used to deploy solar panels that Maxeon designs, manufactures and sells under the Performance Line brand name. The Performance Line panel architecture and manufacturing processes were pioneered by Silicon Valley-based start-up Cogenra Solar, which was acquired by SunPower Corporation in 2015. In the subsequent spin-off of Maxeon Solar Technologies, Maxeon retained the intellectual property associated with the solar cell and module technologies, as well as the SunPower brand in the more than 100 markets it serves.

The innovation behind Maxeon’s Performance Line is protected by a patent portfolio of more than 120 issued patents and more than 80 pending patent applications covering our global markets, including the United States of America, China, Belgium, France, Germany, Japan and Australia. “In September 2020, Maxeon filed a lawsuit against Canadian Solar in Japan, which was subsequently settled in April 2022.  With this latest filing against Tongwei Solar, Maxeon continues to vigorously enforce its valuable intellectual property rights to prohibit unauthorised use,” said Bill Mulligan, CEO of Maxeon.

On 16 June 2023, Tongwei Solar (Hefei) Co, Ltd, a leading company engaged in the R&D, manufacturing and marketing of core solar products, disclosed that the above situation has been noted and the relevant information is being sought.

Tongwei believes that its shingled PV technology and products are different and unique from those of other companies. Since developing its own shingled module technology, Tongwei has paid close attention to relevant patents and is committed to establishing its own intellectual property system and ensuring that the company does not infringe the patent rights of others. Systematic free use searches and analyses have been double-checked by internal and external institutions focusing on intellectual property rights before the launch of new products.

“It did not meet the disclosed standards as the lawsuit amount is 1 million euros and the products involved are shingled PV products, which has limited impact on the company,” said a spokesperson in Tongwei, “There is no evidence of infringement of Maxeon’s patents at this time, according to the documents filed in this lawsuit. However, local lawyers have been hired to actively respond to the lawsuit and ensure that the legitimate rights and interests of the company and its shareholders won’t be affected.”

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