Digital New Energy DataBM. Com has learned that on February 27, First Solar, an American photovoltaic manufacturer, filed a patent infringement lawsuit against Trina Solar and T1 Energy in the Federal District Court of Delaware. The core patented technology that
First Solar accused Trina Solar of infringement is still TOPCon patented technology-US9130074B2. Earlier, First Solar had sued JinkoSolar and Atlas for patent infringement with the same patented technology.
Subsequently, Jingke Energy and Atlas fought back, and the U.S. Patent Trial and Appeal Board (PTAB) proposed to initiate IPR procedures (multi-party review procedures, similar to patent invalidation procedures) . However, they were refused to file a case.
It is reported that Jingke Energy has submitted EPR procedure (unilateral retrial procedure) to USPTO for First Solar patented technology. Before
suing Trina Solar and T1 Energy, First Solar had launched a "337" investigation into 47 photovoltaic companies (for details, please click: Jinko, Jingao, Trina, Atlas … 47 photovoltaic companies were accused of patent infringement! ）。 Among the 47 companies mentioned above, Trina Solar and T1 Energy are related companies.
This is a common "two-track operation" in the protection of intellectual property rights in the United States.
The "337" investigation is under the responsibility of the United States International Trade Commission (ITC), which focuses on whether products imported into the United States have unfair trade practices in violation of Article 337. Once an illegal act is found, the ITC can issue an exclusion order to restrict the entry of related products into the U.S. market in a relatively short period of time. However, filing a patent lawsuit in the Federal Court of the United States can claim damages, apply for temporary restraining orders and permanent injunctions, and its jurisdiction can cover the whole chain of domestic manufacturing, sale, import and use in the United States.
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