In an inter partes review proceeding initiated by Hanwha Solutions Corporation, the Patent Trial and Appeal Board has found all challenged claims of REC Solar’s U.S. “Solar Cell Assembly” patent unpatentable.
[Berlin, Germany, January 19, 2023] Hanwha Solutions Corporation—the parent company of Qcells—announces that on December 9, 2022, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent Office issued a favorable decision for Hanwha Solutions in an inter partes review proceeding against REC Solar’s U.S. Patent No. 10,749,060 (’060 patent).
In its decision, the PTAB found all challenged claims of REC Solar’s ’060 patent unpatentable. The PTAB determined that the challenged REC Solar patent claims are directed to a well-known arrangement of solar components within a solar module, and fail to satisfy the requirements for patentability.
REC Solar asserted its ’060 patent against Hanwha Solutions in a patent infringement lawsuit filed in the U.S. District Court for the District of Delaware in 2020. The court stayed this litigation for the duration of the inter partes review proceeding, and on January 5, 2023, extended the stay to cover any appeal of the PTAB’s final written decision.
A Qcells spokesperson said: “We are proud to offer industry-leading solar cells and modules, which are the result of our pioneering research and development over many years.
“Patent offices around the world have recognized our innovations, and we look forward to continuing to provide the best solutions for our customers.”
The PTAB’s decision is one of several favorable rulings that Hanwha Solutions has received from reviews of REC Solar’s patents around the world. In 2022, the Beijing Intellectual Property Court and European Patent Office issued favorable rulings for Hanwha Solutions regarding the unpatentability of a Chinese patent, 201480038577.X, and a European patent, EP3017520, that are related to REC Solar’s ’060 patent.
