France-based PV manufacturer Carbon is currently involved in a patent proceeding with JA Solar over the tunneling of silicon oxide (SiO2) layers, doped polysilicon layers and electrodes in tunnel oxide passivated contact (TOPCon) solar products.
Chinese solar panel manufacturer JA Solar and France-based Carbon are now discussing patent-related disagreements, as initially claimed by China’s Astronergy and later confirmed by JA Solar itself.
pv magazine initially reported that JA Solar had filed a lawsuit against Carbon, but the French company now says this was incorrect. The two companies are not currently involved in a formal lawsuit.
“The recent news that the European Patent Office (EPO) ‘validated’ a patent from Chinese PV manufacturer JA Solar on October 2 is another case in the ongoing dispute between Carbon and JA Solar,” an Astronergy spokesperson said. pv magazine. “This case is being used to make people believe that Astronergy has loopholes in its patent strategy.”
The spokesperson said that news of the patent validity dispute between JA Solar and Carbon has shifted attention to the ongoing patent lawsuit between JA Solar and Astronergy. The spokesperson said the patent validity case is being handled by the European Patent Office (EPO) and noted that the lawsuits in the Unified Patent Court (UPC) are separate legal proceedings.
Astronergy said the EPO decision on October 2 concerns JA Solar’s TOPCon patents EP 2 787 541 B1. It covers 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 applies in Germany, the Netherlands, Italy, France and the United Kingdom.
“Astronergy is involved because JA Solar made Astronergy a related party in the Carbon Opposition Case in August this year,” Astronergy explains. “The EPO’s information on the outcome of the oral proceedings is a preliminary opinion, not a conclusion.”
Astronergy said it is now preparing for proceedings regarding JA Solar’s second TOPCon patent, EP 4 092 759 B1.
“Astronergy is making preparations for the JA patent case,” the spokesperson said. “The matter is currently still in its early stages. Based on previous cases, the trial process for the entire case could take one or two years, or even longer. Further disclosure of the relevant legal cases.”
The patent covers the arrangement of the electrodes and leads used in TOPCon products. JA Solar said it will not expire before 2035 and can be enforced for all UPC contracting member states.
Carbon plans to build a vertically integrated TOPCon and IBC solar module factory in Fos-sur-Mer, in the southern French department of Bouches-du-Rhône.
Remark: pv magazine initially reported that JA Solar had filed a lawsuit against Carbon, but that was incorrect. The two companies are not currently involved in a formal lawsuit. Our apologies for the misunderstanding.
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