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France-based PV manufacturer Carbon is involved in patent litigation between JA Solar and Astronergy over tunneling silicon oxide (SiO2) layers, doped polysilicon layers, and electrodes in tunnel oxide passivated contact (TOPCon) solar products.
Chinese solar module maker JA Solar is suing France-based Carbon in patent litigation proceedings against Chinese rival Astronergy over alleged patent infringement.
Astronergy initially revealed the litigation, and JA Solar has since confirmed the lawsuit to pv magazine. Carbon has yet to respond to requests for more details.
“Recent news that the European Patent Office (EPO) ‘upheld as valid’ a patent from Chinese PV manufacturer JA Solar on Oct. 2 is another case in the ongoing dispute between Carbon and JA Solar,” a spokesperson from Astronergy told pv magazine. “This case is being utilized to mislead into believing that Astronergy has loopholes in its patent strategy.”
The spokesperson said that news of the patent validity dispute between JA Solar and Carbon has refocused the spotlight onto the ongoing patent lawsuit between JA Solar and Astronergy. The spokesperson said that the patent validity case is being handled by the European Patent Office (EPO) and noted that the lawsuit in the Unified Patent Court (UPC) are separate legal proceedings.
Astronergy said that the decision taken by the EPO on Oct. 2 relates to JA Solar’s TOPCon patents EP 2 787 541 B1. It relates to SiO2 layers and the doped polysilicon layer used on the back surface of TOPCon solar cells. According to the manufacturer, this patent is valid until 2034 and is enforced in Germany, the Netherlands, Italy, France, and the United Kingdom.
“Astronergy is involved because, in August of this year, JA Solar made Astronergy a related party in the Carbon Opposition Case,” explained Astronergy. “EPO’s information about the result of the oral proceedings is a preliminary opinion, not a conclusion.”
Astronergy said it is now preparing for the proceedings involving JA Solar’s second TOPCon patent, EP 4 092 759 B1.
“For the JA patent case, Astronergy is making preparations,” the spokesperson said. “At present, the case is still in its early stages. Based on previous cases, the litigation process for the entire case may last for one or two years, or even longer. Further disclosure on the relevant litigation.”
The patent concerns the arrangement of the electrodes and lead used in TOPCon products. JA Solar said it will not expire before 2035 and can be enforced with effect to all contracting member states of the UPC.
Carbon plans to build a vertically integrated TOPCon and IBC solar module factory in Fos-sur-Mer, in southern France’s Bouches-du-Rhône department.
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