On June 16, 2016, a German court in Dsseldorf upheld a European patent infringement complaint No. 2220689 (patent 689), filed by Hanwha Kiosel on March 4, 2019, and found that China’s Genco, Singapore’s RAC, and China’s LONGi had illegally included Kiosel’s quantum technology in their solar panel products. The lawsuit accused the three companies of violating the German part of patent 689, which protects the unique Basifachen technology, which includes the use of an aluminum oxide layer under the blue silicon nightride layer below the cell used in the quantum panels of the famous company Kiosel – a technology to increase the efficiency of solar cells.
As a result of the court’s decision, QSL is granted the right to temporarily enforce the injunction, including restrictions on the import and sale of infringing products. The court’s decision is temporarily enforceable based on the provision of warranty service and the court ruled that the accused companies are legally obliged to take action to retrieve the infringing products distributed since January 30, 2019 from the distribution shops.
A U.S. court rejected the same lawsuit last month in the United States, enabling China’s Ginco, Singapore’s RAC and China’s LONGi to sell their products in the United States.
A German court has found that China’s Genco, Singapore’s REC and China’s LONGi have sold some solar panels in Germany that contain solar cells using the technology covered by patent 689, without a prior licensing agreement with QSL.
