Continuing the TOPCon patent battle, JinkoSolar has now filed a patent infringement claim in the United States District Court for the Northern District of California against VSUN and Toyo. The claims are against two of Jinko’s TOPCon patents (U.S. Patent Nos. 11,581,454 and 11,824,136). Both patents for “Solar cell, production method thereof and photovoltaic module” were granted in 2023.
“JinkoSolar has earned its leadership position in the global solar module market through significant R&D investments and will vigorously defend its intellectual property against those who sell infringing products,” said Louise Lu, patent litigation attorney at law firm Perkins Coie.
JinkoSolar has been awarded more than 2,800 patents, with its own portfolio including 462 patents related to n-type TOPCon technology, the company claims. In addition to production locations in Asia, Jinko also operates a panel assembly plant in Florida.
Toyo, the Japanese subsidiary of Vietnam Sunergy (VSUN), recently announced plans to start solar panel production in Houston, Texas.
In the infringement filing, Jinko says it has “suffered and continues to suffer actual and consequential damages. However, Jinko does not yet know the full extent of the breach and the amount of damages can only be determined through discovery and special accounting.” Jinko asks for an injunction to prevent Toyo/VSUN infringing products from being sold.
This is the latest in a number of TOPCon patent infringement claims in the United States and Europe. Trina Solar has filed claims against Runergy, Adani and Canadian Solar. Maxeon has filed a complaint against Canadian Solar, REC and Qcells. First Solar, a thin-film manufacturer, also holds TOPCon patents on silicon and is exploring its potential, but has not yet filed charges against any company.
