Q CELLS has initiated penalty proceedings in the Regional Düsseldorf Court on September 28, 2020 against JinkoSolar GmbH (“Jinko”) which has been ordered by the Court to stop offering, selling or importing the modules that infringe on Q CELLS’ European Patent, EP 2 220 689 (EP ‘689 patent). Q CELLS suspects a violation of that judgement.
PVTIME - Hanwha Q CELLS GmbH (“Q CELLS”), a globally renowned solar technology leader and total energy solutions provider, has announced that it has taken appropriate legal measures against Jinko following its presumed violation of the injunction ordered by the Regional Court Düsseldorf against Jinko’s solar products in Germany that have infringed the EP ‘689 patent. Although the injunction is not yet final, it is provisionally enforceable after the deposit of a security.
Q CELLS has filed a request to fix an administrative fine on September 28, 2020 in response to Jinko’s presumed failure to comply with the terms of the Court injunction dated June 16, 2020, which encompasses prohibitions on the manufacture, sale, import and distribution of the products infringing on Q CELLS’ EP ‘689 patent.
The Regional Court of Düsseldorf ruled on June 16, 2020 that certain modules from Jinko use the technology covered by the EP’689 patent, thus infringing Q CELLS’ patent. This patent protects a unique passivation technology applied in Q.ANTUM – an innovative technology developed by Q CELLS that significantly increases the efficiency of solar cells.
Pursuant to the Court’s ruling, Q CELLS is granted the right to enforce an injunction against Jinko, including imposing prohibitions on the import and sale of infringing products. In addition, Jinko was ordered to recall the infringing products distributed since January 30, 2019 from the distribution channels, and to destroy infringing products in their possession. Jinko has appealed against the judgment of the Düsseldorf Regional Court to the Düsseldorf Higher Regional Court. The hearing in the appeal proceedings is expected to take place in April 2021.
Furthermore, Q CELLS will file a claim for damages against Jinko and expand patent litigation in other European jurisdictions, including France and Spain, as soon as practically possible. There also remains a possibility that Q CELLS may add other manufacturers as defendants, in addition to Jinko.
Q CELLS’ decision to enforce the Court’s ruling has been based on the company’s strategic judgment and assessment. Q CELLS will not tolerate any activities that infringe the company’s intellectual property. Accordingly, Q CELLS remains fully determined to protect its patent rights.
“Protection of intellectual property rights and strict compliance with IP laws are more important than ever for our fast-evolving solar industry,” asserted Q CELLS CTO Dr. Daniel Jeong. “Jinko’s presumed non-compliance with the law and the Court judgment leaves Q CELLS with no option but to take further action against Jinko that does not respects the value of intellectual property rights.
“We must uphold fair competition throughout the industry, as it is a prerequisite to ensure that next generation of technological innovations continues to stem from genuine, long-term R&D efforts. Q CELLS is taking this action against Jinko in order to vigorously protect our intellectual property, and exercise the legal rights that were granted by the Regional Court of Düsseldorf.”