Fish & Richardson Wins Major ITC Patent Case for JinkoSolar

ITC rules in final determination that JinkoSolar does not infringe competitor Hanwha's asserted solar modules patent

Fish & Richardson has obtained a major International Trade Commission (ITC) ruling for JinkoSolar Holding Co., Ltd. (NYSE: JKS), one of the largest and most innovative solar module manufacturers in the world, in a patent infringement case brought against JinkoSolar by competitor Hanwha Q CELLS. On June 3, 2020, the ITC issued its final determination that JinkoSolar’s products do not infringe Hanwha’s patent.

Hanwha, which is based in Seoul, South Korea, sued JinkoSolar and two other respondents, LONGi Solar and REC Group, at the ITC and in the District of Delaware in March 2019 asserting infringement of a patent related to the composition of solar modules. Hanwha had sought a limited exclusion order at the ITC to bar the importation of JinkoSolar's solar modules into the U.S.

"JinkoSolar is the leader and innovator in this industry, and we are very pleased that the U.S. International Trade Commission has confirmed that JinkoSolar's products do not infringe Hanwha's intellectual property. JinkoSolar looks forward to its continued expansion and growth in the U.S.," said Joseph Colaianni, the Fish principal who co-led the case with principal Linhong Zhang. "There was a lot at stake in this multi-billion-dollar market, but we were confident that we would deliver this well-deserved victory to our client and we will continue to defend JinkoSolar's interests," added Zhang.

Fish has helped China's leading companies obtain, enforce, and defend their intellectual property rights in the U.S. and Europe for many years. Fish opened a Representative Office in Shenzhen, China in 2019 to better support and service its innovative clients in the region. Fish helps Chinese companies obtain patent and trademark protection in the U.S. and Europe, and represents Chinese companies in federal district and appeals courts, at the ITC and before the Patent Trial and Appeal Board (PTAB).

The ITC case was In the Matter of Certain Photovoltaic Cells and Products Containing Same, 337-TA-1151.