JinkoSolar Announces Favorable Developments in Patent Litigation Brought by Hanwha Q CELLS
One of the largest solar module manufacturers in the world JinkoSolar Holding Co Ltd announced two separate, significant developments in its defense against patent litigation initiated by Hanwha Q CELLS. In March 2019, Hanwha initiated the US International Trade Commission Investigation No. 337-TA-1151 against JinkoSolar, LONGi Solar, and REC Group, asserting that the companies infringe US Patent No 9,893,215. On April 10, 2020, the Administrative Law Judge 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 instituted inter partes review 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.
Source : Strategic Research Institute