A number of Chinese PV industry companies have been caught in US patent disputes

Abstract The global PV market has fallen into a trough. In order to protect the interests of domestic enterprises, the US trade protection of photovoltaics has already revealed an upgrade. Recently, a photovoltaic component installation company in the United States has a professional office for the installation of Suzhou-based Artes Solar and another US-based PV module...

The global PV market has fallen into a trough. In order to protect the interests of domestic enterprises, the US trade protection of photovoltaics has already revealed an upgrade.

Recently, a photovoltaic component installation company in the United States filed a complaint against the patent infringement of Suzhou-based Artes Solar and another US-based PV module installation specialist ZepSolar; the US Department of Energy also submitted documents to the bankruptcy court to try to stop China's photovoltaic industry. The company's acquisition of the US solar company EvergreenSolar. In addition, there are “double-reverse” investigations (anti-dumping and countervailing investigations) initiated on Chinese PV products.

At a time when demand in the European market has fallen sharply, the US market has been highly anticipated by many Chinese PV companies. However, once the US trade protection is upgraded, it will undoubtedly worsen the Chinese PV industry.

Westinghouse Solar claims Artes infringement

Just last week, US photovoltaic component installation company, estinghouse Solar, proposed to the US International Trade Commission (ITC) to investigate patent infringements of Artes Solar and ZepSolar. Westinghouse Solar also said it will negotiate with other related companies. Because of Zep Solar also has a collaboration with Trina Solar and other companies from mainland China, therefore, does not rule out the possibility Trina Solar Westinghouse became the object of a complaint.

Westinghouse Solar pointed out that Artes Solar and ZepSolar infringe on two types of patents numbered 7406800 and 7798641, which are mainly used to simplify the installation of solar modules and reduce installation costs. Westinghouse Solar hopes that IT C will be able to investigate the two companies and stop the two companies to export and sell related products to the United States.

Regarding Westinghouse Solar's complaint, ZepSolar issued an official statement saying that "Westinghouse Solar's actions on this issue are unfounded and misleading." Zep Solar also said that Westinghouse Solar's two patents mentioned in the lawsuit have been Rejected by the US Patent and Trademark Office. Zhang Hanbing, senior director of the global market of Artes, also told the media that he is not worried about this complaint. He said that the intellectual property dispute is mainly aimed at Artes. Artes was only affected by the application, and the products being sued were The share of Artes sales is less than one-thousandth, and the impact on performance is extremely small. In addition, Artes is currently considering whether to go to court.

According to Westinghouse Solar's forecast, ITC may launch a formal investigation into the matter within 30 days. Industry analysts pointed out that ITC may take this opportunity to take action against a number of Chinese PV companies to protect their PV companies.

US trade protection or upgrade

In the wake of patent disputes, the United States also tried to prevent Chinese companies from acquiring US PV companies through legal means.

Due to the sluggish global PV market and the high cost of the US PV industry, more and more US market share is occupied by Chinese products, and many US PV companies are in bankruptcy.

On October 7, the US Department of Energy filed a document with the US Bankruptcy Court in Delaware to try to set a legal limit for a solar panel manufacturing technology for US solar company Evergreen Solar. The patented technology, which was developed using the US Department of Energy's nearly $3 million in research and development, can reduce production costs by 33% and is entering a bankruptcy auction with Evergreen Solar's plant equipment. The auction is scheduled for November 1. EvergreenSolar declared bankruptcy in August. At the same time, EvergreenSolar announced bankruptcy or filed for bankruptcy protection, as well as US-based PV companies such as Solyndra and SpectraWatt. In fact, according to GTM Research's survey data, about one-fifth of the US PV capacity has disappeared due to bankruptcy or production suspension in the past year.

According to Doug Laan, managing director of UBS, a well-known investment bank, a group of foreign buyers, mainly from China, are eager to pay attention to EvergreenSolar's assets. They are considering whether to sign up for the auction before the October 26 deadline. The US federal prosecutor said that the US Department of Energy's move is to prevent foreign entities from gaining control of technology funded by the US federal government and to prevent unfair competition between foreign entities and US companies.

SpectraW att and Solyndra listed the cheap Chinese manufacturing as the “culprit” when explaining the reasons for bankruptcy. As more and more US PV companies go bankrupt or are on the verge of bankruptcy, US PV manufacturers continue to pressure the government, hoping to boycott Chinese companies and further escalate trade protectionism. Since last year, the United States has launched a "double-reverse" investigation into China's new energy industry. Invited by the US PV industry, the famous US law firm, King & Spalding, requested anti-dumping and countervailing investigations on Chinese PV products and sent the application to the US Department of Commerce and the US International Trade Commission.

Viewpoint

Yingli Green Energy Marketing Department Wang Zhixin said that the current overall market environment is bad, and the US PV industry is facing strong pressure from Chinese manufacturing. IT C may take this opportunity to take action against a number of Chinese PV companies to protect their PV companies.

Cao Yu, the consulting manager of the energy and power department of Frost & Sullivan (China), a well-known consulting organization, pointed out that the current global PV product capacity is twice the market demand, the global photovoltaic capacity of inventory is about 10G W, and China accounts for more than 8G W, China. Photovoltaic products need to seek digestion in the global market. The rise of trade protectionism will make disputes continue to emerge, and Chinese PV companies must be prepared for the psychological and technical response to this trend.

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