Chinese solar PV manufacturer JA Solar has filed a patent infringement proceeding against an undisclosed competing module manufacturer before Europe’s Unified Patent Court (UPC).
The company filed two complaints in the Munich and Hamburg local divisions of the UPC, regarding tunnel oxide passivated contact (TOPCon) solar cells.
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The infringements are for JA Solar’s patents EP 2 787 541 B1—which covers the characteristic structure of TOPCon cells—and EP 4 092 759 B1. The second patent is regarding the arrangement of electrodes on the solar cell and the leads connecting the single solar cells of a solar panel.
The UPC is a court that comprises judges from all participating European Union member states. It aims to decide on the infringement and validity of both Unitary Patents and classic European Patents. The first patent has been validated in Germany, the Netherlands, Italy, France and the UK, whereas the second one has been validated as a Unitary Patent and is enforced by all member states of the UPC.
The UPC is a court common to currently seventeen EU Member States, for which the Agreement on a Unified Patent Court (UPCA) entered into force on 1 June 2023.
A spokesperson of JA Solar commented: “For JA Solar, IP is not just a buzzword; it is a commitment, and our assertive stance on patents ensures that our groundbreaking technology leads the way. We have the responsibility to protect our leadership position and will continue to enforce our patent rights against those who are attempting to sell infringing products in Europe and other markets.”
Solar patent infringements
This is the latest patent infringement lawsuit filed by a solar PV manufacturer, with legal battles ongoing in both Europe and the US. In Europe, Singapore-headquartered solar manufacturer Maxeon Solar Technologies filed a patent infringement lawsuit against fellow solar manufacturer Aiko Solar in June 2024. This follows suit from a previous patent infringement lawsuit over back contact (BC) solar cells in the Netherlands, which had been denied.
In the US, Maxeon filed several lawsuits regarding alleged patent infringement for TOPCon solar cells against solar manufacturers Hanwha Qcells, REC Solar and Canadian Solar in the span of a month.
More recently, thin-film solar manufacturer First Solar has started an investigation into potential TOPCon patent infringements from several solar cell manufacturers.
