Astronergy and JA Solar have announced plans to “terminate” all ongoing patent disputes, and have “reached an agreement on cross-licencing” of tunnel oxide passivated contact (TOPCon) patents moving forward.
The Chinese module manufacturers said that the agreement, reached over the weekend, sets a precedent for “health and sustainable intellectual property cooperation” in the solar PV sector, which has seen a number of patent lawsuits in recent months.
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Earlier this year, fellow Chinese giants Jinko and LONGi ended their own patent disputes, and both the Jinko-LONGi agreement and the Astronergy-JA Solar deal include the term “cross-licensing” to refer to the various’ companies’ uses of technologies covered by each others’ intellectual property agreements.
Astronergy and JA Solar also noted that neither company will initiate “litigation or other proceedings” against the other pertaining to TOPCon patents anywhere in the world, suggesting that this will bring a permanent end to TOPCon patent disputes between the two companies.
The announcement brings to an end close to a year and a half of legal turmoil, which began with JA Solar filing a lawsuit for alleged TOPCon patent infringement in Europe against a then-unnamed manufacturer. In the following weeks, the dispute spread to the European Patent Office, and involved French start-up PV producer Carbon, over uncertainties regarding two JA Solar patents, pertaining to the structure of TOPCon cells, the arrangement of electrodes on solar cells and the leads connecting the cells that make up a module.
“We believe this outcome will help foster a healthier and more orderly innovation environment across the industry, encourage fair and dynamic competition and contribute to building a well-regulated and sustainable intellectual property landscape,” said Astronergy and JA Solar of their agreement. “Together, we aim to support global energy transition and contribute to a low-carbon future.”
The emphasis on a “healthier” market environment is notable, as the ongoing oversupply of modules in China, combined with disruptions to global supply chains distancing particularly European and North American buyers of Chinese products, has led to a collapse in module prices.
Earlier this year, China’s top four module manufacturers—including LONGi, Jinko and JA Solar—posted losses of over US$1.5 billion, and while patent agreements alone will likely not reverse this trend, there appears to be a growing acceptance in the industry that collaboration is necessary to ensure the long-term financial health of the sector.
