Carbon named as challenger to JA Solar TOPCon patent

Last week, PV Tech reported that the European Patent Office (EPO), a separate entity to the UPC where the main case will be heard, had “upheld as valid” one of the two patents at the centre of the dispute with Astronergy: EP2787541 B1. Clearing this hurdle is a positive development for JA Solar’s ongoing case with the UPC, although it will not determine the ultimate outcome of the UPC cases and can be appealed.

It has since emerged that it was Carbon that initiated the challenge to the validity of JA Solar’s patent in the EPO. Carbon has plans for a manufacturing facility in the south of France, in which it initially plans to produce TOPCon modules, and ensuring its products do not fall foul of other companies’ patents will be a priority for the company.

“In 2022, at the launch of the project, Carbon ran a thorough Freedom To Operate (FTO) on TOPCon,” a Carbon spokesperson told PV Tech this week. “At that time, Carbon identified a single patent on TOPCon, which was very broad, originally from LG, Korea and owned by Jinko. A few months ago, JA Solar bought the patent portfolio from Jinko.”

“As a reminder, TOPCon is a technology invented and developed in the European labs,” added the Carbon spokesperson. “We need to keep in mind that the TOPCon technology is very broad, shared and offers different possible technological pathways.”

No lawsuits have been filed against Carbon

The Carbon spokesperson added that: “there is no lawsuit from JA Solar against Carbon and the consortium of European partners Carbon is involved in,” following speculation that the ongoing legal challenges included a lawsuit filed against Carbon.

“The European consortium Carbon is involved in is now exploring the possibility of appeal, with even more European actors involved,” added the spokesperson.

“In general, Carbon will not lower its guard on these IP matters, because what is at stake is our strategic autonomy, technological independence and industrial sovereignty. As Europeans actors, we should not give up on defending the technologies that were created in Europe by Europeans. It is also a way to support the renaissance of the European PV industry.”

Carbon’s comments come amid growing interest in European PV manufacturing, alongside financial struggles at leading European manufacturer Meyer Burger, which has raised questions about the viability of large-scale European PV manufacturing.

‘A preliminary opinion, not a conclusion’

Meanwhile, Astronergy is making preparations for its main lawsuit with JA Solar. An Astronergy spokesperson told PV Tech this week that: “The Carbon opposition case focuses on the reasons and evidence previously raised by Carbon.”

“EPO’s information about the result of the oral proceedings is a preliminary opinion, not a conclusion. Moreover, at this stage, the outcome of this case does not directly affect the result of JA’s lawsuit against Astronergy.”

“At present, the case is still in its early stages. Based on previous cases, the litigation process for the entire case may last for one or two years, or even longer. Further disclosure on the relevant litigation strategies and core evidence is not appropriate at present since the JA patent case has not yet been heard in the UPC.

“However, both Carbon and Astronergy believe the patents in the JA patent case are not valid.”