- Recent news that the European Patent Office (EPO) “upheld as valid” a patent from Chinese PV manufacturer JA Solar on October 2nd is another case in the ongoing dispute between Carbon (a French company) and JA.
- This case is being utilized to mislead readers and insiders into believing that Astronergy has loopholes in its patent strategy.
The original news regarding the patent validity dispute between JA and Carbon has once again brought the patent lawsuit between JA and Astronergy into the limelight. Some social media platforms have forwarded and rewritten the originally poorly articulated story, shocking readers with the speed at which the patent lawsuit is proceeding and leading them to doubt Astronergy’s patent and IP strengths. This seems to be an attempt to mislead the truth in another direction. In fact, the patent validity dispute being processed in EPO and the patent lawsuit being processed in the Unified Patent Court (UPC) are two distinct legal procedures.
At its source, the outcome of the EPO’s Oct. 2nd oral hearing, as referred to in various channels, is only the result of the oral hearing concerning Carbon’s 2023 opposition regarding the validity of JA’s European patent EP2787541B (hereinafter referred to as Carbon Opposition Case). Astronergy is involved because, in August of this year, JA filed a lawsuit against Astronergy concerning the EP2787541B patent, and thus making Astronergy a related party in the Carbon Opposition Case.
The Carbon Opposition Case focuses on the reasons and evidence previously raised by Carbon. EPO’s information about the result of the oral proceedings is a preliminary opinion, not a conclusion. Moreover, at this stage, the outcome of this case does not directly affect the result of JA’s lawsuit against Astronergy for the patent (hereinafter referred to JA patent case).
For the JA patent case, Astronergy is making preparations. 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 strategies and core evidence is not appropriate at present since the JA patent case has not yet been heard in the UPC. However, both Carbon and Astronergy believe the patents in the JA patent case are not valid.
Astronergy possesses the advantage of a well-established industrial chain, and its self-researched and developed n-type TOPCon technology products are already in use worldwide. As a global photovoltaic manufacturer, Astronergy has been actively constructing factories in various countries around the world, injecting strength into global manufacturing while also developing local capabilities.
In Astronergy’s view, photovoltaic technology is universal. Its technological advantages and patent capabilities are apparent to all. Astronergy hopes that by localizing manufacturing and inputting as well as sharing of photovoltaic technology, rather than erecting high, closed patent walls, it can actively respond to the manufacturing incentives offered in various countries. Astronergy aims to boost the local economy through these efforts.
Source: Astronergy
