In the meantime, an appeal against that ruling has been lodged.
This patent was subject to a patent infringement lawsuit filed by Qcells in March and April 2019 at the Regional Court of Düsseldorf, Germany (appeal pending). Opposition proceedings have been launched against EP ‘689 with the European Patent Office. In the course of a first oral hearing, the EPO took the view that the patent could be maintained on a limited basis. The continuation of the oral proceedings and a final decision are still pending.
The Preliminary Relief Judge of the District Court of Rotterdam ruled that the threat of infringement of HANWHA SOLUTIONs CORPORATION’s patent facilitated by LONGi’s Dutch subsidiary will cause financial damage to Qcells and affect Qcells’ position on the world market. Subsequently, the cross-border injunction granted by the Preliminary Relief Judge applies to the sales, offerings, supplies, and related actions by LONGi’s Dutch subsidiary of LONGi solar modules of the Hi-M03, Hi-M03m, Hi-M04, Hi M04m, Hi-M05 and Hi-M05m types in the following countries: Belgium, Bulgaria, Germany, France, Lichtenstein, Portugal, Spain, the UK, and Switzerland.
The cross-border injunction will come into effect one working day after service of the judgment. A daily financial penalty would apply if and when LONGi’s Dutch subsidiary fails to comply with the cross-border injunction.
Dr. Daniel Jeong, CTO of Qcells, said: “As an industry leader, Qcells takes seriously its responsibility to establish a healthy landscape, in which time- and capital-intensive R&D efforts are properly protected. We will continue to take all necessary actions to prevent unlawful actions that induce infringement of Qcells’ patent, by continuously monitoring the European market.”