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U.S. International Trade Commission ALJ Finds No Infringement of Hanwha Q CELLS Patent
U.S Patent and Trademark Appeal Board Institutes Inter Partes Review of the Patentability of Hanwha Q CELLS Patent
JACKSONVILLE, Fla., April 13, 2020 -- JinkoSolar Holding Co., Ltd. (NYSE: JKS) (“JinkoSolar”), one of the largest and most innovative solar module manufacturers in the world, today announced two separate, significant developments in its defense against patent litigation initiated by Hanwha Q CELLS (“Hanwha”). In March 2019, Hanwha initiated the U.S. International Trade Commission Investigation No. 337-TA-1151 (the “1151 Investigation”) against JinkoSolar, LONGi Solar, and REC Group, asserting that the companies infringe U.S. Patent No. 9,893,215 (“the ’215 patent”).
On April 10, 2020, the Administrative Law Judge ("ALJ") in the 1151 Investigation ruled that JinkoSolar’s products do not infringe the ’215 patent. ALJ MaryJoan McNamara issued an initial determination granting JinkoSolar’s motion for summary determination of non-infringement. The Commission will now review the ALJ’s ruling and issue its opinion on that ruling within 30 days.
Separately, on December 10, 2019, the U.S. Patent and Trademark Appeal Board (PTAB) instituted inter partes review (IPR) proceedings of the patentability of claims 12-14 of the ’215 patent claims in view of prior art. IPR is a trial proceeding conducted at the PTAB to review the patentability of one or more claims in a patent. The PTAB’s institution decision states that JinkoSolar and REC Group have “established a reasonable likelihood of prevailing in showing that claims 12-14 of the ’215 patent are unpatentable.” Based on the schedule provided by the PTAB, JinkoSolar anticipates a final written decision on the issue of patentability by December 2020.
“These independent determinations by two separate bodies confirm what we have said from the start of this litigation: Hanwha’s lawsuit, based on a single patent, was without legal or technical merit, and was brought only to slow down our momentum,” said Kangping Chen, CEO of JinkoSolar. “JinkoSolar strongly supports fair competition in the marketplace, and respects the valid intellectual property of all participants in our field. We look forward to continuing to serve our global customers with innovative, industry-leading solar modules, and extending our marketplace momentum.”
About JinkoSolar Holding Co., Ltd.
JinkoSolar (NYSE: JKS) is one of the largest and most innovative solar module manufacturers in the world. JinkoSolar distributes its solar products and sells its solutions and services to a diversified international utility, commercial and residential customer base in China, the United States, Japan, Germany, the United Kingdom, Chile, South Africa, India, Mexico, Brazil, the United Arab Emirates, Italy, Spain, France, Belgium, and other countries and regions. JinkoSolar has built a vertically integrated solar product value chain, with an integrated annual capacity of 17.5 GW for mono wafers, 10.6 GW for solar cells, and 16 GW for solar modules, as of March 31, 2020.
JinkoSolar has over 15,000 employees across its 7 productions facilities globally, 14 overseas subsidiaries in Japan(2), South Korea, Vietnam, India, Turkey, Germany, Italy, Switzerland, United States, Mexico, Brazil, Chile and Australia, and global sales teams in China, United Kingdom, France, Spain, Bulgaria, Greece, Ukraine, Jordan, Saudi Arabia, Tunisia, Morocco, Kenya, South Africa, Costa Rica, Colombia, Panama, Kazakhstan, Malaysia, Myanmar, Sri Lanka, Thailand, Vietnam, Poland and Argentina.
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Safe Harbor Statement
This press release contains forward-looking statements. These statements constitute "forward-looking" statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, and as defined in the U.S. Private Securities Litigation Reform Act of 1995. These forward-looking statements can be identified by terminology such as "will," "expects," "anticipates," "future," "intends, "plans," "believes," "estimates" and similar statements. Among other things, the quotations from management in this press release and the Company's operations and business outlook, contain forward-looking statements. Such statements involve certain risks and uncertainties that could cause actual results to differ materially from those in the forward-looking statements. Further information regarding these and other risks is included in JinkoSolar's filings with the U.S. Securities and Exchange Commission, including its annual report on Form 20-F. Except as required by law, the Company does not undertake any obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise.
For investor and media inquiries, please contact:
In China:
Ms. Ripple Zhang
JinkoSolar Holding Co., Ltd.
Tel: +86 21-5183-3105
Email: pr@sgyrfw.com
